Lotz v. Standard Vulcanite Pan Co.
Appellate Terms of the Supreme Court of New York
Appeal by defendant from an order of the Municipal Court of the city of New York, borough of Brooklyn, fourth district, bearing date October 22, 1917, denying defendant’s motion to vacate an order made by a justice of said court, and dated September 13, 1917, directing the examination of defendant as an adverse party before trial.
1Opinion of the CourtBenedict, J.
The order appealed from was entered on consent of the appellant’s attorneys and the appeal might be dismissed on that ground were it not that the jurisdiction of a justice of the Municipal Court to direct the examination of a party before trial is challenged ; and the consent of the party or his attorneys cannot, of course, confer jurisdiction of the subject matter. Although the order appealed from is not separately appealable it involves a mooted question constantly arising and concerning which I deem it proper to express my view thereon.
The examination before trial of a party or expected…
2Cases cited14 opinions
- Malone v. . HathawayNew York Court of Appeals · 1876
- Heishon v. . Knickerbocker Life Insurance Co.New York Court of Appeals · 1879
- Lewkowicz v. . Queen Aeroplane Co.New York Court of Appeals · 1913
- Mitchell v. SchroederAppellate Terms of the Supreme Court of New York · 1916
- Lewkowicz v. Queen Aeroplane Co.Appellate Division of the Supreme Court of the State of New York · 1912
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3Cited by4 opinions
- Zeltner v. Fidelity & Deposit Co.Appellate Division of the Supreme Court of the State of New York · 1927
- Hirsch v. Albany Savings BankNew York City Court · 1948
- Goodman v. SteinAppellate Division of the Supreme Court of the State of New York · 1941
- In re the Judicial Settlement of the Account of Proceedings of United States Trust Co.Appellate Division of the Supreme Court of the State of New York · 1941