Bandmann v. Jones
New York Supreme Court
Appeal from special term, New York county. Action for libel by Daniel E. Bandmann against George Jones, as treasurer of the New York Times, a joint-stock association. Defendant obtained an order for the examination of plaintiff before trial, which plaintiff moved to vacate. His motion was denied, and he appeals. Code Civil Proc.
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Appeal from special term, New York county. Action for libel by Daniel E. Bandmann against George Jones, as treasurer of the New York Times, a joint-stock association. Defendant obtained an order for the examination of plaintiff before trial, which plaintiff moved to vacate. His motion was denied, and he appeals. Code Civil Proc. H. Y. § 870, relates to taking the deposition of a party to an action before trial, and section 872 specifies what shall be the contents of the affidavit for such examination.
1Opinion of the CourtDaniels, J.
The action has been brought for "the publication of an alleged libel in the Hew York Times, and the order was made for the examination of the plaintiff, upon the statement that his testimony is material and necessary for the defendant in the defense of the action, and to enable him to prepare-his answer. The facts concerning which it is stated to be necessary to examine the plaintiff are those which are set forth in the alleged libelous publication, and the answer intended to be made is stated to be that of a general denial, and that the facts set forth in the alleged publication are true.…
2Cases cited8 opinions
- Jenkins v. . PutnamNew York Court of Appeals · 1887
- Herbage v. . City of UticaNew York Court of Appeals · 1888
- Williams v. FolsomNew York Supreme Court · 1889
- Dudley v. Press Pub. Co.New York Supreme Court · 1889
- Strakosch v. Press Publishing Co.New York Supreme Court · 1889
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3Cited by1 opinion
- De Lacy v. WalcottThe Superior Court of the City of New York and Buffalo · 1891