Witcher v. Tribune Ass'n
The Superior Court of New York City
Appeal from order of the special term denying defendant’s motion for an order that the plaintiff appear and submit to an examination as a party before trial, and that in the event of the plaintiff’s failure to appear ■for examination as directed, the trial of this action be stayed.
1Opinion of the Court
By the Court.—Freedman, J.
The application of the defendant for an order directing the plaintiff to appear and submit to an examination before trial as a witness on behalf of the defendant, was made on notice to plaintiff’s attorneys, and on the hearing affidavits were read on both sides. The court was, therefore, in the position in which it would have been, if an order for the examination had been previously granted expiarte and the plaintiff had *226moved, on affidavits and on notice to the defendant, for the vacation of the order.
In such a case it has been, ever since the decision of Levy v.…
2Cases cited3 opinions
- Jenkins v. . PutnamNew York Court of Appeals · 1887
- Dudley v. Press Pub. Co.New York Supreme Court · 1889
- Dunham v. Mercantile Mutual InsuranceThe Superior Court of New York City · 1878