Linnekin v. Linnekin

Motion to vacate an order obtained by plaintiff for the examination of defendant before trial. The action is for a separation. The order required the defendant to be examined as to his property. No defects in the papers upon which the order was made arc claimed. This motion is based solely upon the contention that in.no separation action can a defendant be examined before trial as to his means.

Were this a case of first impressions there would seem to be no force in defendant’s contention. The courts have very generally sustained the right to examine before trial adverse parties as to any fact…