Witcher v. Tribune Ass'n
The Superior Court of the City of New York and Buffalo
Appeal from special term. Action by Vincent A. Witcher against the Tribune Association. Defendant appeals from an order denying its motion for an order that the plaintiff appear and submit to an examination before trial, and that, in the event of plaintiff’s failure to appear for ¿xamination as directed, the trial of the action be stayed.
1Opinion of the CourtFreedman, J.
The application of the defendant for an order directing the plaintiff to appear and submit to an examination before trial, as a witness.on behalf of the defendant, was made on notice to plaintiff’s attorneys,.and on the hearing affidavits were read on both sides. The court was therefore in *291the position in which it would have been it an order for the examination had been previously granted ex parte, and the plaintiff had moved, on affidavits and on notice to the defendant, for the vacation of the order. In such a case it has been, ever since the decision of Levy v. Loeb, 44 N. Y. Super. Ct.…
2Cases cited3 opinions
- Jenkins v. . PutnamNew York Court of Appeals · 1887
- Dudley v. Press Pub. Co.New York Supreme Court · 1889
- Dunham v. Mercantile Mutual InsuranceThe Superior Court of New York City · 1878
3Cited by3 opinions
- Farmers' Nat. Bank v. UnderwoodNew York Supreme Court · 1895
- Wallace v. ReinhartThe Superior Court of the City of New York and Buffalo · 1895
- Wallace v. ReinhartThe Superior Court of New York City · 1895