Dorf v. Walter
City of New York Municipal Court
Appeal from special term. Action by Elias Dorf against James N. Walter and others. From an order directing his examination before trial, defendant Walter appeals.
1Opinion of the CourtMcCarthy, J.
This is an appeal from an order directing the defendant James N. Walter to appear before one of the justices of this court at special term, and be examined and his deposition taken in pursuance of sections 870 and 872, Code of Civil Procedure. The application was made by the plaintiff, for the purpose of being able to prepare an amended complaint. The affidavits on the part of the plaintiff disclose a very peculiar situation, and were .-sufficient in form and purpose to demand on the part of the justice to whom they were presented the exercise of a sound discretion.
The granting of such an…
2Cases cited2 opinions
- Jenkins v. . PutnamNew York Court of Appeals · 1887
- Raymond v. BrooksNew York Supreme Court · 1879