In re Schoeller
Appellate Division of the Supreme Court of the State of New York
Appeal by George W. Slingerland from an order of the Supreme Court made at the New York Special Term and entered in the office of the clerk of the county of New York on the 22d day of May, 1902, denying his motion to vacate an order for his examination as a party for the purpose of enabling the petitioner to frame her complaint.
1DissentHatch, J.
I am unable to concur in the reversal of this order or in the reasons which are assigned therefor by Mr. Justice McLaughlin. The affidavit upon which the application for the order was based sets out a good cause of action in favor of the applicant and against the person or corporation who inflicted the injury, and such person or corporation is liable to respond in damages therefor if the facts averred in the affidavit are sustained by the testimony given upon the trial. In respect to the examination of the person for which the order provides the affidavit states that the action is expected to…
2Cases cited8 opinions
- Glenney v. . StedwellNew York Court of Appeals · 1876
- In re E. & H. T. Anthony & Co.Appellate Division of the Supreme Court of the State of New York · 1899
- In re NolanNew York Supreme Court · 1893
- Muller v. LevyNew York Supreme Court · 1889
- In re WeilAppellate Division of the Supreme Court of the State of New York · 1898
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