Bergstrom v. Ridgway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal, by the plaintiffs, Oscar B. Bergstrom and" another, doing business under the firm name, etc., 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 14tli day of March, 1910, denying the plaintiffs’ motion to vacate an order for the examination of Oscar B. Bergstrom as a witness before trial.
1Opinion of the Court
Scott, J. :
The plaintiffs appeal from an order denying a motion to vacate an order for the examination of the plaintiff Bergstrom before trial. The affidavit upon which the order for examination is based conforms to all the technical requirements of such an affidavit, and states specifically just what the defendant expects to prove by plaintiff’s testimony. The action is for damages for libel. The answer pleads both by way of justification and in mitigation of'damages the same facts which it now proposes to prove by the deposition of the plaintiff Bergstrom. The objections to the examination…
2Cases cited6 opinions
- Hamilton v. . EnoNew York Court of Appeals · 1880
- Mattice v. . WilcoxNew York Court of Appeals · 1895
- Holmes v. . JonesNew York Court of Appeals · 1895
- Smith v. Western Union Telegraph Co.Court of Appeals of Kentucky · 1887
- Skinner v. PowersNew York Supreme Court · 1828
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Crane v. New York World Telegram Corp.New York Court of Appeals · 1955
- Trowbridge v. TownsendNew York Supreme Court · 1913
- Association for the Preservation of Freedom of Choice, Inc. v. Nation Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1961
- Rizzo v. Long Island Rail RoadAppellate Division of the Supreme Court of the State of New York · 1961