McKenna v. Tully
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants^ Michael Tully and another,, froiq 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 25th day of August, 1905, denying ‘.the said defendants’ motion to vacate an order theretofore made for the examination of the-defendants before trial.. "
1Opinion of the Court
Clarke, J.:
Appeal from an order providing for examination before trial, pursuant to section 873 of the Code of Civil Procedure. The appellants urge as a reason why this order should be reversed that the examination is sought merely for the purpose of prying into the defense, and, therefore, ought to be prohibited. They allege that this is an action for the specific performance of a contract for the sale of land, and that all that plaintiff would be required to do would be to prove the contract, his performance and the breach; that the defendants then assumed the burden of showing that the…
2Cases cited1 opinion
- Dudley v. New York Filter Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1903
3Cited by4 opinions
- Schweinburg v. AltmanAppellate Division of the Supreme Court of the State of New York · 1909
- Hartog & Beinhauer Candy Co. v. Richmond Cedar WorksAppellate Division of the Supreme Court of the State of New York · 1908
- McKenna v. SimpsonAppellate Division of the Supreme Court of the State of New York · 1905
- McKenna v. SimpsonAppellate Division of the Supreme Court of the State of New York · 1905