Kozuch v. Bachmann

This appeal presents the single question whether a defendant may be examined as a party before trial even though *251he has defaulted by failing to appear or answer the complaint. The court at Special Term by denying a motion made by the appellants to vacate the plaintiff’s notice of examination, has held that the examination is proper notwithstanding the default.

The action is in equity by a stockholder suing in his own behalf and in behalf of all other stockholders of Bachmann, Emmerich & Co., Inc., to require the individual defendants to account to the corporation for alleged misconduct…