Irving v. Higgins
Appellate Division of the Supreme Court of the State of New York
- Appeal by the defendant, Charles M- Higgins, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county ¡of Kings on the 15 th day of October, 1908, denying the defendant’s motion to vacate an order, granted ex parte, as ¡amended, for the examination of the defendant before trial; also from an. order entered in said clerk’s office on - the 30th- day of October, 1908, denying -the defendant’s motion to…
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- Appeal by the defendant, Charles M- Higgins, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county ¡of Kings on the 15 th day of October, 1908, denying the defendant’s motion to vacate an order, granted ex parte, as ¡amended, for the examination of the defendant before trial; also from an. order entered in said clerk’s office on - the 30th- day of October, 1908, denying -the defendant’s motion to resettle the said order of October 15, 190%. and also from an order entered on the 12th- day of November, 1908, denying the…
1Opinion of the Court
Miller, J.:
The order- sought to be vacated ivas granted oh the affidavit of' the plaintiff. • The only statement contained in said affidavit bearing *185on the materiality and necessity of the testimony of the party sought to be examined is the following: “ That the testimony of the above-named defendant is material and necessary to enable the plaintiff to prove that the defendant is and was the owner of the automobile which ran over plaintiff’s son and certain other matters relevant to the issues in this action which are within the knowledge of defendant.” It does not suffice that the defendant…
2Cases cited1 opinion
- Oakes v. Star Co.Appellate Division of the Supreme Court of the State of New York · 1907
3Cited by2 opinions
- Segschneider v. Waring Hat Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Irving v. HigginsAppellate Division of the Supreme Court of the State of New York · 1909