Leary v. Rice
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Denis Leary, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 4th day of December, 1896, denying his motion to vacate, an order for the examination of the plaintiff before trial.
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Appeal by the plaintiff, Denis Leary, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 4th day of December, 1896, denying his motion to vacate, an order for the examination of the plaintiff before trial. The action was brought to recover the possession or value of a certain railroad bond deposited with the defendant Rice, as collateral security for a sum loaned by said defendant to the plaintiff, under an alleged agreement that when the money was repaid the bond would be returned. The defendants,…
1Opinion of the Court
Ingraham, J.:
By rule 82 of the General Rules of Practice it is provided that to obtain an order for the examination of a party before trial the affidavit shall specify the facts and circumstances which show, in conformity with subdivision 4 of section 872 of the Code, that the examination of the person is material and necessary. The facts must be stated in the affidavit, so that the court can judge as to whether or not the examination of the party proposed to be examined is material and necessary for the party making the application. An examination of an adverse party cannot be said to be…
2Cited by9 opinions
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- Vial v. JacksonAppellate Division of the Supreme Court of the State of New York · 1902
- Butler v. DukeNew York Supreme Court · 1902
- In re ThompsonAppellate Division of the Supreme Court of the State of New York · 1904
- Kramer v. KramerAppellate Division of the Supreme Court of the State of New York · 1902
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