Wallace v. Bacon
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Frances L. Wallace and another, as committee, etc., from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 15th day of July, 1910, vacating an order for the examination of certain of the defendants before trial.
1Opinion of the Court
Ingraham, P. J.:
On June 23, 1910, the plaintiffs obtained an order requiring the defendants Edward Wallace, Elizabeth H. McCune, Mary H. Wallace and Margaret S. Wallace to be examined as parties before trial, pursuant to section 873 of the Code of Civil Procedure. The affidavit upon which this order was obtained disclosed that the plaintiffs are the committee of the person and property of one Allen Wallace, an incompetent; that the defendants Edward Wallace, Elizabeth H. McCune, Mary H. Wallace and Margaret S. Wallace, the four defend*212ants whose examination was sought, reside in Philadelphia,…
2Cases cited3 opinions
- Campbell v. Joseph H. Bauland Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Bluthenthal & Bickart, Inc. v. CrowleyAppellate Division of the Supreme Court of the State of New York · 1910
- Gilroy v. Inter-Borough-Metropolitan Co.New York Supreme Court · 1907
3Cited by3 opinions
- Wolf v. Union Waxed & Parchment Paper Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Continental Securities Co. v. BelmontAppellate Division of the Supreme Court of the State of New York · 1911
- Albert v. BankenNew York Supreme Court · 1962