Herbage v. . City of Utica
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made October 5, 1887, which affirmed an order of the Special Term modifying and limiting an order made for the examination of the plaintifE before trial under sections 870, 872, 873 of the Code of Civil Procedure, by W. T. Duhmore, special county judge of Oneida county.
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Appeal from an order of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made October 5, 1887, which affirmed an order of the Special Term modifying and limiting an order made for the examination of the plaintifE before trial under sections 870, 872, 873 of the Code of Civil Procedure, by W. T. Duhmore, special county judge of Oneida county. The Code gives defendant the absolute right to examine the plaintifE upon all the matters and things set forth in the affidavit upon which the original order to examine her was granted, subject only to the…
1Opinion of the CourtDanforth, J.
The cases cited by the respective counsel show that the practice in relation to the subject is not uniform throughout the various departments of the Supreme Court, but we are of opinion that a party litigant may, in the discretion of the judge to whom application is made under the provisions of sections 870, 872, 873 of the Code of Civil Procedure, have a general examination of his adversary as a witness in the cause, as well before as at the trial, and that it is not, as of course, to be limited to an affirmative cause of action, or. an affirmative defense set forth in favor of the party…
2Cited by47 opinions
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- Oshinsky v. GumbergAppellate Division of the Supreme Court of the State of New York · 1919
- Schweinburg v. AltmanAppellate Division of the Supreme Court of the State of New York · 1909
- Shaw v. Samley Realty Co.Appellate Division of the Supreme Court of the State of New York · 1922
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