Hynes v. McDermott
New York Court of Common Pleas
Appeal from an order vacating an order for the examination before trial of the plaintiff Mary E. Hynes, on the part of the defendants Mary J. McCreery and Lavinia Gay.
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Appeal from an order vacating an order for the examination before trial of the plaintiff Mary E. Hynes, on the part of the defendants Mary J. McCreery and Lavinia Gay. The order for her examination was granted on an affidavit made by the attorney for the defendants desiring her examination, which, after stating the facts as to the parties to the action, their residences, and appearances by attorney, alleged as follows:— “ II.—Deponent further says that the nature of the action is in ejectment; the substance of the cause of action is, that alleging themselves to be the widow and children of…
1Opinion of the CourtVan Hoesen, J.
Upon the application of some of the defendants, Judge Van Brunt made an order, under sec. 872 of the Code of Civil Procedure, for the examination of Mary Eliza Hynes, one of the plaintiffs, as a party before trial. That order was vacated and set aside by Judge J. F. Daly, who held that the Code of Civil Procedure had not changed the law as it was established by sections 389, 390, 391 of the old Code of Procedure. An appeal was taken from the order of Judge J. F. Daly, and the question presented to us is, whether in order to procure the examination of the adverse party before trial, under…
2Cases cited3 opinions
- Glenney v. . StedwellNew York Court of Appeals · 1876
- Jackson v. PerkinsNew York Supreme Court · 1829
- Sink v. SinkNew York Supreme Court · 1875
3Cited by1 opinion
- Adams v. CavanaughNew York Supreme Court · 1885