R. A. Schoenberg & Co. v. Loftus

Defendant had appeared in person and by counsel, and submitted to examination, and had answered certain questions. Some questions were objected to, and the examination was adjourned in order that the parties might go before a justice of the court sitting in chambers to obtain rulings upon the objections. On appearing before a justice in chambers, an oral motion was made by defendant’s attorney to vacate the order. The motion was heard and granted, over the objection of plaintiff’s counsel. We think it was error for the court to entertain the motion, for the reason that defendant, without…