Roberts v. Press Publishing Co.
The Superior Court of the City of New York and Buffalo
Appeal from special term. Action for libel by John C. Roberts against the Press Publishing Company. Defendant appeals from order vacating order for examination of plaintiff before answer.
1Opinion of the CourtSedgwick, C. J.
In my judgment, the papers on which the order for examination was made did not show what, under the Code, it is necessary to-show to support such an order. Under section 872, Code Civil Proc., the affidavit must set forth the nature of the defense. This implies that a defense exists to the knowledge or information of the defendant, but that, by reason of his ignorance of sufficient particulars, he is not able to plead it properly. It is not possible, truly', tó set forth the nature of a defense when it is not *871known, or upon some information believed, that there is a defense. The affidavit…
2Cited by3 opinions
- In re the Application of the Attorney-GeneralNew York Supreme Court · 1897
- People's Coat, Apron & Towel Supply v. LightAppellate Division of the Supreme Court of the State of New York · 1915
- Thebaud v. HumeThe Superior Court of the City of New York and Buffalo · 1891