Legal Opinion
Island Paper Co. v. Carthage Timber Corp.
New York Supreme Court
Decided November 20, 1926PublishedCited by 4 opinions
1Opinion of the CourtCheney, J.
Plaintiff moved under section 292 of the Civil Practice Act for an order to take the depositions of the defendants before trial. Defendants noticed a counter-motion, returnable at the same time, to dismiss the complaint for insufficiency, as provided by rule 112 of the Buies of Civil Practice. It is proper that the later motion should be first considered and decided, as there should not be an examination before trial until the issues are settled.
The complaint apparently attempts to state three separate and distinct causes of action, although they are not separately stated and numbered, as…
2Cases cited12 opinions
- Bogardus v. . New York Life Ins. Co.New York Court of Appeals · 1886
- National Bank v. . DillinghamNew York Court of Appeals · 1895
- Swan v. . Mutual Reserve Fund Life Assn.New York Court of Appeals · 1898
- Shaw v. Ansaldi Co.Appellate Division of the Supreme Court of the State of New York · 1917
- Trotter v. . LismanNew York Court of Appeals · 1910
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3Cited by4 opinions
- Levy v. Paramount Publix Corp.New York Supreme Court · 1933
- Rosenkranz v. DoranAppellate Division of the Supreme Court of the State of New York · 1942
- Waters v. SpaltNew York Supreme Court · 1948
- Klages v. CohenDistrict Court, E.D. New York · 1947