Prankard v. Josephthal

The defendant moves to vacate a notice under which plaintiff has taken the depositions of witnesses for use on *861the trial of this action, mainly upon the ground that the notice does not state the issues upon which the persons named in it are to be examined. The notice was given and the depositions taken under section 290 of the Civil Practice Act. The notice stated that “ The issues upon which said persons are to be examined are: All the issues raised by the plaintiff’s complaint and the answers of the defendants * * * being substantially the allegations of paragraph 5th, 6th, 7th, 8th * * *…