Bishop v. Bishop

Plaintiff’s motion, pursuant to section 307 of the Civil Practice Act, to take deposition of defendant’s employer regarding defendant’s earnings for use upon a prospective motion to increase alimony. •

The motion lies under section 307. Defendant contends that the application is a “ fishing expedition ”, and cites Carmody *183on New York Pleading and Practice (Yol. I, p. 575) which discusses this section as follows:

“ The party must know what facts the person whose deposition is sought can testify to, and such facts must be relevant to " and necessary to the motion. The statute does not authorize a…