In re Bryan
The Superior Court of New York City
Motion to vacate an order for the examination of a person not a party, before commencement of action, under section 871 of the Code. The order for the examination was granted on the following affidavit: “ Thomas E. Bryan, being duly sworn, says that he is of the age of 40 years, and resides, and for 21 years last past has resided in the city, county and State of New York. ‘‘Deponent further says thathe is about to commence an action in this court, by Messrs.
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Motion to vacate an order for the examination of a person not a party, before commencement of action, under section 871 of the Code. The order for the examination was granted on the following affidavit: “ Thomas E. Bryan, being duly sworn, says that he is of the age of 40 years, and resides, and for 21 years last past has resided in the city, county and State of New York. ‘‘Deponent further says thathe is about to commence an action in this court, by Messrs. Winfield, Leeds & Morse, Ms attorneys, against Charles White and -- White, his wife. That the nature of the controversy which is…
1Opinion of the CourtSedgwick, J.
The real nature of this application is to gain information upon which to frame a complaint.
The affidavit does not show enough to allow anything having the characteristics of testimony in a cause to be obtained. The giving of testimony pre-supposes an assertion of a claim, which the plaintiff must prove, while it is an absolute right of the defendant to have the inquiry confined to that. The cause of action is not stated or described except as to recover “damages for divers false, slanderous and defamatory words spoken and published as deponent is informed,” &c. This does not show the words or…
2Cited by10 opinions
- In re E. & H. T. Anthony & Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Ellett v. YoungAppellate Division of the Supreme Court of the State of New York · 1904
- Knowlton v. BanniganThe Superior Court of New York City · 1882
- Butler v. DukeNew York Supreme Court · 1902
- Cadmus v. OakleyNew York Surrogate's Court · 1883
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