Wiechers v. New Home Sewing Machine Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Adolph Wiechers, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 20th day of August, 1898, granting the defendants’ motion to examine the plaintiff before trial.
1Opinion of the Court
Patterson, J.:
The plaintiff appeals from an order requiring him to be examined as a witness before trial concerning an alleged fact which the defendant deemed it necessary to establish on the trial, and proof of which, it claimed, it could not otherwise procure. The order is *2a court and not a judge’s order. " It was made on motion to the court, brought on pursuant to a formal notice and after hearing counsel both in support of and in opposition to the motion, and was entered as a court order. The only authorized practice under section 873 of the Code of Civil Procedure, which regulates…
2Cases cited1 opinion
- Heishon v. . Knickerbocker Life Insurance Co.New York Court of Appeals · 1879
3Cited by7 opinions
- Grant v. GreeneAppellate Division of the Supreme Court of the State of New York · 1907
- Lotz v. Standard Vulcanite Pan Co.Appellate Terms of the Supreme Court of New York · 1917
- People ex rel. Cecere v. SlocumAppellate Division of the Supreme Court of the State of New York · 1914
- Weinstock v. HallenbeckAppellate Division of the Supreme Court of the State of New York · 1914
- Weinstook v. HallenbeckAppellate Division of the Supreme Court of the State of New York · 1914
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