Bell v. Clarke
New York Supreme Court
Motion to vacate an order for the examination of a witness before trial, granted under the provisions of section 871 et seq., of the Code of Civil Procedure.
1Opinion of the CourtClarke, J.
Motion to vacate an order for the examination of a witness before trial granted under the provisions *273of section 871 et seq. of the Code. The motion is upon the ground that the moving papers show that the matters as to which the proposed witness is to be interrogated are irrelevant and immaterial to the issues in the action. The action is in equity. The prayer is for an injunction forbidding the defendant from holding herself out as the wife of the plaintiff, etc. The main issue is marriage or no marriage. The defendant asserts it, the plaintiff denies it. No ceremonial marriage is claimed.…
2Cases cited4 opinions
- Chamberlain v. . ChamberlainNew York Court of Appeals · 1877
- Jackson v. JacksonCourt of Appeals of Maryland · 1894
- In re BrushAppellate Division of the Supreme Court of the State of New York · 1898
- Bates v. BatesThe Superior Court of the City of New York and Buffalo · 1894
3Cited by5 opinions
- People v. Le DouxCalifornia Supreme Court · 1909
- Baumann v. BaumannNew York Supreme Court · 1928
- Weatherall v. WeatherallWashington Supreme Court · 1911
- Baumann v. BaumannNew York Court of Appeals · 1929
- In re Estate of James, Superior Court of California, County of San Francisco1897