Sumner v. Mathews

The plaintiff moves for an examination of the defendant before trial. The defendant objects because the moving affidavit is not by the plaintiff, but by his attorney. I am not impressed with this objection.

Section 292 of the Civil Practice Act authorizes a party who is entitled to take testimony by deposition to obtain an order therefor in the first instance. But he may obtain an examination on notice only (Civ. Prac. Act, § 290), and if defendant desires to raise any question as to the projected deposition, he may move to vacate or modify (Civ. Prac. Act, § 291) with or without any…