McKeand v. Locke
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles E. Locke, 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 6th day of June, 1906, vacating a prior order for the examination of the plaintiff before trial.
1Per curiam
This order must be reversed and the order for the examination of the plaintiff reinstated on the authority of Goldmark v. U. S. Electro-Galvanizing Co. (111 App. Div. 526), recently decided by this court.
That decision sweeps away many technical rules which were fast growing up in the practice of - examining one’s adversary before trial, and establishes the rule for this department that in the absence of bad faith or abuse of .process a party to an action is entitled to examine his adversary before trial as to facts which are material to the issues, and of which he has knowledge, and take his…
2Cases cited1 opinion
- Goldmark v. U. S. Electro-Galvanizing Co.Appellate Division of the Supreme Court of the State of New York · 1906
3Cited by8 opinions
- Cherbuliez v. ParsonsAppellate Division of the Supreme Court of the State of New York · 1908
- Judd v. Park Avenue HospitalNew York Supreme Court · 1962
- Tisdale Lumber Co. v. DrogeAppellate Division of the Supreme Court of the State of New York · 1911
- Koplin v. HoeAppellate Division of the Supreme Court of the State of New York · 1908
- Turck v. ChisholmNew York Supreme Court · 1907
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