Legal Opinion
Oakes v. Star Co.
Appellate Division of the Supreme Court of the State of New York
Decided May 10, 1907PublishedCited by 20 opinions
. Appeal by the plaintiff,. Adeline Estelle Sullivan Oakes, from an order of the. Supreme Court, made at the blew York Special Term and entered hr the office of the clerk of the comity of .Sew York on the 18th day of March, 1907, denying the plaintiff’s motion to vacate an. order for her examination before trial.
1Opinion of the Court
Scott, J.:.
"While this court has somewhat relaxed the strict. rules which have heretofore so operated as to greatly restrict the right óf a party to examine his adversary as a witness before trial, it has not been our purpose to permit the disregard of the provisions of law relative to the facts necessary to be shown in order to obtain an order for such examination,-or to permit such an examination to be had when it is apparent-that no useful purpose can be served. It is still necessary to show, by the .recitation of appropriate facts and circumstances, that the testimony sought to be…
2Cases cited3 opinions
- Stafford v. Morning Journal Ass'nNew York Court of Appeals · 1894
- Cudlip v. New York Evening Journal Publishing Co.New York Court of Appeals · 1904
- White v. NewcombAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by20 opinions
- Schweinburg v. AltmanAppellate Division of the Supreme Court of the State of New York · 1909
- Wood v. Charles W. Hoffman Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Wessel v. SchwarzlerAppellate Division of the Supreme Court of the State of New York · 1911
- Del Genovese v. Del GenoveseAppellate Division of the Supreme Court of the State of New York · 1912
- Gavin v. New York Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1907
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