Corbett v. De Comeau
The Superior Court of New York City
Appeal Tby defendant from order denying his motion to vacate an order for Ms examination after service of summons, but before service of the complaint.
1Opinion of the Court
By the Court.—Freedmah, J.
The existence of the power to vacate an order made for the examination of a party at the instance of the adverse party, has been so fully shown in Levy v. Loeb, decided at the present term of this court, that no further discussion upon that point is necessary here. In so far, therefore, as the denial of the motion was based upon a supposed want of power, it rests upon an erroneous view of the law.
The defendant, on the return day of the order, objected to being sworn, and moved for the vacation of the order, on the ground, among others, that the action being for…
2Cases cited5 opinions
- Bailey v. DeanNew York Supreme Court · 1848
- M'Intyre v. ManciusNew York Supreme Court · 1819
- Lansing v. PineNew York Court of Chancery · 1834
- Leggett v. PostleyNew York Court of Chancery · 1831
- Taylor v. BruenNew York Court of Chancery · 1847