Dennis v. Tebbetts
City of New York Municipal Court
Appeal from an order denying a motion to vacate an order for the examination of the defendant, John S. Tebbetts, as a party and Bobert Pierce as a witness before the trial.
1Opinion of the CourtConlan, J.
The action is pending, so that the party applying for the order in the first instance must bring himself within the rule applicable to that part and those subdivisions of the Code relating thereto; the facts will sufficiently appear in the opinion.
*601The affidavit does not give the place of residence of either the parties or the attorneys. In Beach v. Mayor, 14 Hun, 79, it is said: “ Giving the address of the attorney is not sufficient, it must show ivhether it is his residence or office address.” The affidavit in this case neither gives the names of the attorneys as such, nor their places of…
2Cases cited1 opinion
- Dunham v. Mercantile Mutual InsuranceThe Superior Court of New York City · 1878