Hunt v. Sullivan
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Kings county. Action by George F. Hunt, as administrator of the estate of Ella W. Hunt, deceased, against Dora Sullivan. From a portion of an order denying a motion to. vacate an order for the examination of defendant before trial, defendant appeals. Reversed.
1Opinion of the CourtHirschberg, J.
Two reasons are assigned why the order should be reversed, viz., the insufficiency of the affidavit on which the order for the defendant’s examination was granted, and the fact that the plaintiff was stayed by the terms of section 779 of the Code of Civil Procedure, because he had not paid the costs imposed by this *709court on appeal from a prior order for the examination of the defendant. The plaintiff had procured an ex parte order for the examination of the defendant before trial, and the defendant appealed to this court from an order denying her motion to vacate such order. We held that the…
2Cases cited9 opinions
- Barton v. . SpeisNew York Court of Appeals · 1878
- Spaulding v. American Wood Board Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Sprague v. Bartholdi Hotel Co.New York Supreme Court · 1893
- Mcintyre v. German Savings BankNew York Supreme Court · 1891
- Spaulding v. American Wood-Board Co.Appellate Division of the Supreme Court of the State of New York · 1901
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3Cited by1 opinion
- Cohen v. KrulewitchAppellate Division of the Supreme Court of the State of New York · 1903