Carr v. General Incandescent Arc Light Co.

¡Eüascall, J.

We are inclined to hold with the appellant that the evidence sought on the examination must be offered by it ,(61 N. Y. 362; also opinion by Schuchman, J., 41 N. Y. Supp. 114); but, so far as we can learn by the papers submitted, the order appealed from was vacated because of irregularity in retquiring the examination to take place in a county other than that of plaintiff’s residence or place of business, and not because of laches. Moreover, the amended answer is dated ¡¡November 2, 1901, and the order to show cause is dated the nineteenth of that month; so the theory is…