Reynolds v. Reynolds

The only matters which, by her affidavit, the plaintiff shows that she expects to establish by the examination of the defendant before trial are the acts of adultery charged against him in the complaint and the amount of his property and income. Although the defendant is privileged as to the first ground, this does not constitute a valid reason for denying the plaintiff’s right to the order for his examination, since the privilege is a personal one and may not be insisted upon. At all events, the question should be reserved until the examination occurs and can then be disposed of by the…