Yelin v. Yelin

Shall a physical examination of a party defendant be allowed in this action for the annulment of a marriage? It is quite true, as contended by the defense, that there is no provision in the Civil Practice Act authorizing a physical examination such as is sought here, and the counsel for the plaintiff concurs in this statement but appeals to the inherent equity powers of this court for the relief that he seeks. It must be kept in mind that I am not deciding the vital question of the complaint as to its sufficiency to justify an annulment for this cause. In harmony with the clear tendency of…