Newburgh v. McCauley

Lyman, President Justice.

On a prior motion by the defendant for an examination before trial of the plaintiff, this court granted the motion in part by permitting the defendant to examine the plaintiff on the matters contained in defendant’s counterclaim, but denied defendant the right to examine plaintiff as to the allegations contained in the complaint. In granting the present motion for a reargument, the court has reconsidered the legal question presented on the prior motion, and as far as this court has been able to discover, from the reported cases, the question has never before been…