Judah v. Lane
New York Court of Common Pleas
Appeal from an order of this court granting an examination of defendant before trial. The facts are stated in the opinion.
1Opinion of the Court
Larremore, Ch. J. —
This is an-appeal from an order granting an examination of the defendant before trial, under sections 872 and 873 of the Code. The summons was served, but plaintiff desires such examination in order to frame his complaint. Defendant endeavored to vacate the order originally granted, but solely upon plaintiff’s papers, and without denying the allegations of plaintiff’s affidavits or offering anything in answer thereto. Plaintiff’s affidavits must therefore be taken as true, and they make out one of the most meritorious cases for the relief demanded, that has ever come to my…
2Cases cited2 opinions
- Miller v. KentNew York Supreme Court · 1880
- Lefferts v. BramptonNew York Court of Common Pleas · 1862
3Cited by3 opinions
- Talbot v. Doran & Wright Co.New York Court of Common Pleas · 1890
- McGready v. HaightAppellate Division of the Supreme Court of the State of New York · 1897
- Haebler v. HubbardCity of New York Municipal Court · 1901