Heishon v. . Knickerbocker Life Insurance Co.
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the city of Hew York, affirming an order of Special Term. The substance of the orders appears in the opinion. The order appealed from affects a substantial right not resting in discretion, and is reviewable in this court.
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Appeal from order of the General Term of the Superior Court of the city of Hew York, affirming an order of Special Term. The substance of the orders appears in the opinion. The order appealed from affects a substantial right not resting in discretion, and is reviewable in this court. (Code of Civil Proc., § 190, subd. 2; Glenny v. Studwell, 64 N. Y., 120; People v. MuL G. L. Co., 7 W’kly Dig., 204.) An order of examination can only be granted in the cases and in the mode prescribed by statute. (Part 1, chap. 18, art. 3, § 51, R. S. ; Verplanck v. Merc. Ins. Co., 1 Edw., 84; Att’y-Gen’l v.…
1Per curiam
A motion was made after the service of the summons in this action, upon notice served upon the defendants’ attorneys, at Special Term for an order requiring the two individual defendants to appear, at a time and place to be specified, and be examined, for the purpose of enabling the plaintiff to make and serve Ms complaint, “as provided in article 1, title 3, chapter 9 of the Code of Civil Procedure.” Upon such motion the court made an order requiring the two defendants to appear, at a time and place named, before the judge there holding the court, for the purpose of their examination, “ and…
2Cited by39 opinions
- Mitchell v. SchroederAppellate Terms of the Supreme Court of New York · 1916
- Kelly v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1884
- People Ex Rel. Eckerson v. Board of TrusteesNew York Court of Appeals · 1896
- Webster v. Kings County Trust Co.New York Supreme Court · 1894
- Denton v. DentonNew York Family Court · 1942
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