Douglass v. Meyer
The Superior Court of the City of New York and Buffalo
Appeal from special term, Hew York county. Action by John Douglass against Henry J. Meyer. Upon an affidavit •complying with the requirements of the Code, plaintiff procured an order requiring defendant to submit to an examination as a witness before trial on the part of plaintiff. From an order of the special term denying a motion made by the defendant to vacate the order for examination, defendant appeals. Affirmed.
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Appeal from special term, Hew York county. Action by John Douglass against Henry J. Meyer. Upon an affidavit •complying with the requirements of the Code, plaintiff procured an order requiring defendant to submit to an examination as a witness before trial on the part of plaintiff. From an order of the special term denying a motion made by the defendant to vacate the order for examination, defendant appeals. Affirmed. The plaintiff complains that, while passing the defendant’s place of business, he was struck by an iron bar failing from the elevator lift in front of defendant’s store; that…
1Opinion of the CourtMcAdam, J.
The general rules of practice provide that where an examination is required under sections 870-872, Code, the affidavit shall specify the facts and circumstances which show, in conformity with subdivision 4 of section 872, that the examination of the party is material and necessary. Rule 83. In compliance with this rule, the plaintiff swears he believes “that the defendant knows the name of the physician who attended the plaintiff, and the names of the various witnesses who were present at the accident, whom deponent will need to prove the manner of the accident and the injury then received…
2Cases cited6 opinions
- Herbage v. . City of UticaNew York Court of Appeals · 1888
- Carter v. GoodNew York Supreme Court · 1890
- Schepmoes v. BoussonNew York Court of Common Pleas · 1877
- Goldberg v. RobertsNew York Court of Common Pleas · 1884
- Goldberg v. RobertsNew York Court of Common Pleas · 1884
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