Winston v. English

This is a motion to vacate an order heretofore made, and a summons thereupon issued for the examination of the plaintiff, on behalf of the defendant, under §391 of the Code. The moticl is made , upon said order and summons, and the affidavit, upon which they were granted and issued respectively, and the grounds of the motion are :

1. That the affidavit aforesaid does not bring the case within the rules and practice of the court concerning the examination of parties before issue joined.

2. That the case is one in which such examination cannot be had; and

3. That said order and summons were…