Glenney v. . Stedwell
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the city of New York affirming an order of Special Term denying a motion to vacate an order granted by a justice 'of said court requiring certain of the defendants to appear and be examined as parties before trial.
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Appeal from order of the General Term of the Superior Court of the city of New York affirming an order of Special Term denying a motion to vacate an order granted by a justice 'of said court requiring certain of the defendants to appear and be examined as parties before trial. Plaintiff’s affidavits, upon which the order for examination was granted, after stating the commencement of the action and generally the nature thereof, the relief sought, stated that plaintiff was not able to frame his complaint and does not know the names of the necessary defendants; and that it is necessary for him,…
1Opinion of the CourtFolger, J.
This case calls for a declaration, of the meaning of chapter 6 of part 2 of the Code of Procedure, entitled <l Examination of Parties.” There has been conflict of opinion thereon in the courts, which have been called upon to put it into practical operation; as is shown by the diverse decisions rendered, and by the several rules of practice that have been framed and promulgated.
Looking at the practice for which this chapter is a substitute, and giving to the different sections of it the construction that they seem to demand, we have come to the conclusion, that a plaintiff in an action…
2Cited by51 opinions
- Matter of DaviesNew York Court of Appeals · 1901
- Jenkins v. . PutnamNew York Court of Appeals · 1887
- Consolidated Ice Machine Co. v. KeiferIllinois Supreme Court · 1890
- People v. SteinhardtNew York Supreme Court · 1905
- Chittenden v. San Domingo Improvement Co.Appellate Division of the Supreme Court of the State of New York · 1909
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