Phœnix v. Dupuy
New York Court of Common Pleas
. Appeal by the defendant from an order of this court made at special term by Judge Larremore, denying a motion made by the defendant, Dupuy, to vacate an order and summons for his examination before trial, and from the order for examination. The action was brought to recover damages for libels.
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. Appeal by the defendant from an order of this court made at special term by Judge Larremore, denying a motion made by the defendant, Dupuy, to vacate an order and summons for his examination before trial, and from the order for examination. The action was brought to recover damages for libels. After issue joined, the plaintiff obtained an order for the examination of the defendant before trial, upon an affidavit which states the purpose of the examination derived as follows: “ Upon such examination I shall endeavor to disclose that the letters set forth in said complaint were published by…
1Opinion of the Court
Charles P. Daly, Chief Justice.
The examination of an adverse party before trial, provided for by the § 391 of the Code, is a substitute for the former remedy by bill of discovery, which was abolished by this chapter of the Code, and may be had where a bill for a discovery would previously have been sustained. (Carr v. Great W. Ins. Co., 3 Daly, 160; King v. Leighton, 58 N. Y. 383; Glenney v. Stedwell [Court of Appeals], 1 Abb. N. C. 327, and note 332; Wiggin v. Gans, 4 Sandf. 647.)
This remedy was formerly the only way in which proof of a fact exclusively within the knowledge of one of the…
2Cases cited12 opinions
- March v. DavisonNew York Court of Chancery · 1842
- Judson v. Rossie Galena Co.New York Court of Chancery · 1842
- King v. . LeightonNew York Court of Appeals · 1874
- M'Intyre v. ManciusNew York Supreme Court · 1819
- Carr v. Great Western InsuranceNew York Court of Common Pleas · 1869
7 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- In re the Application of the Attorney-GeneralNew York Supreme Court · 1897
- De Leon v. De LimaThe Superior Court of New York City · 1884
- Goldberg v. RobertsNew York Court of Common Pleas · 1884
- Lotz v. Standard Vulcanite Pan Co.Appellate Terms of the Supreme Court of New York · 1917
- Ely v. PerkinsNew York Supreme Court · 1908
7 more not listed; retrieve them via the Exa API.