Legal Opinion

In re Richey

Appellate Division of the Supreme Court of the State of New York

Decided October 15, 1926Published

1Opinion of the CourtHagarty, J.

Coleman, the respondent in this proceeding, moves to vacate and set aside an order made by this court for his examination pursuant to the provisions of sections 295 and 296 of the Civil Practice Act and rule 123 of the Rules of Civil Practice, for the reason that the court had no jurisdiction to grant the *733order. Section 295 provides for the taking of testimony before the commencement of an action. Section 296 provides for the production of books and papers in custody of the party or person to be examined. Respondent insists that he was entitled to notice of the application for the order, and…

2Cases cited2 opinions

  1. Lauffer v. Easter Star TempleAppellate Division of the Supreme Court of the State of New York · 1924
  2. Davis v. ErdmannAppellate Division of the Supreme Court of the State of New York · 1924

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