Miller v. Miller

In an action for separation instituted nearly four years ago, plaintiff wife now moves to examine the defendant husband before trial as to his earnings, assets, etc., for the years 1943 to date.

One week after the commencement of this action, the parties and their attorneys entered into a writing providing, among other things, for the payment to the plaintiff of the sum of $70 per week, and for a counsel fee in the sum of $1,000. It is conceded that the defendant has made all the payments regularly. He has appeared in this action, but has interposed no answer.

Ordinarily, examinations before…