Childs v. Childs
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Eversley Childs, individually ánd as trustee, etc., from anj order of the Supreme Court, made at the New York Special Term and entered in the office .of the clerk of the county of Npw York on the-20th day. of February, 1911, denying the defendant’s motion to vacate an order for. his examination before trial or to dismiss and quash all proceedings thereunder and to vacate a subsequent order for his examination.
1Opinion of the Court
Scott, J.:
In so far as the defendant sought to vacate the order for his examination his motion was properly denied. He had already once made that motion without success and in order to renew it he should have first obtained leave to do so. The fact that judgment had been ordered in defendant’s' favor upon the pleadings, but with leave to the plaintiff to amend his complaint, did not serve to vacate ipso facto the order for defend-' ant’s examination, although it might have furnished grounds for an appeal to the court to exercise its discretion to the extent of permitting a renewal of the…
2Cited by2 opinions
- Mugler v. Castleton Hotel & Realty Co.Appellate Division of the Supreme Court of the State of New York · 1915
- American Hosiery Co. v. HimlerAppellate Terms of the Supreme Court of New York · 1912