De Leon v. De Lima
The Superior Court of New York City
Motion to vacate order for the examination of the defendant, sought for the purpose of framing the complaint.
1Opinion of the CourtIngraham, J.
— This action is brought to recover damages for alleged slander.
The object of the examination, as stated in the affidavit on which the order was granted, is to obtain knowledge or information of the exact language used by defendant in disseminating a charge that plaintiff had participated in a scheme of *288blackmail against the defendant. The sole object of the examination is therefore to compel the defendant to testify as to his guilt of the offense charged.
In considering the provisions of the Code allowing the examination of a party before trial, it has been held that such proceedings are a…
2Cases cited3 opinions
- Glenney v. . StedwellNew York Court of Appeals · 1876
- Bailey v. DeanNew York Supreme Court · 1848
- Phœnix v. DupuyNew York Court of Common Pleas · 1877
3Cited by6 opinions
- In re E. & H. T. Anthony & Co.Appellate Division of the Supreme Court of the State of New York · 1899
- In re the Moto Bloc Import Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Glen Cove Manufacturing Co. v. SutroNew York Supreme Court · 1889
- Butler v. DukeNew York Supreme Court · 1902
- In re SchoellerAppellate Division of the Supreme Court of the State of New York · 1902
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