Hall v. Gilman
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Caroline G. Eedington, 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 9th day of July, 1903, denying said defendant’s motion to require the plaintiff’s attorneys to accept service of an order for the plaintiff’s examination before trial and to produce her for examination; and also from an order entered in said clerk’s office on the 10th day of August,…
Read the full summary
Appeal by the defendant, Caroline G. Eedington, 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 9th day of July, 1903, denying said defendant’s motion to require the plaintiff’s attorneys to accept service of an order for the plaintiff’s examination before trial and to produce her for examination; and also from an order entered in said clerk’s office on the 10th day of August, 1903, denying the said defendant’s motion to amend the first-mentioned order by inserting therein a statement that the…
1Opinion of the Court
Patterson, J.:
The defendant, having procured an order for the examination of the plaintiff before trial, made diligent efforts to serve it upon her personally, but was unable to do so; whereupon she made a motion to compel the plaintiff’s attorneys to accept service of the order and to require the plaintiff to attend for examination after such service. That motion was denied, the court at Special Term indicating in a memorandum that it had no jurisdiction to grant such an order. On the denial of the motion an order was entered stating in general terms “ that the said motion be, and the same…
2Cited by3 opinions
- Grant v. GreeneAppellate Division of the Supreme Court of the State of New York · 1907
- Sivelli v. New River Coal Co.Appellate Division of the Supreme Court of the State of New York · 1918
- Davis v. Reflex Camera Co.Appellate Division of the Supreme Court of the State of New York · 1904