Bray v. Jevons

Hinman, J.:

The action is for damages for breach of promise to marry and seduction of the plaintiff under promise of marriage. The plaintiff served a notice for examination of the defendant before trial. The defendant, by order to show cause, brought on a motion to vacate the notice upon the ground (1) that the testimony sought to be taken is not material and necessary to the plaintiff; (2) that the examination is not sought in good faith; (3) that the interests of justice would not be subserved by the proposed examination. The court made some modifications of the notice, denied the motion to…