Cone v. Bernanke

I dissent. The order for examination was served on the attorney and not personally on the defendant. This was done under claimed authority of section 299 of the Civil Practice Act, amendment of 1933, providing that where a party has appeared in an action the order for examination may be served upon his attorney and his pleading stricken out for willful failure to appear. The section provides the methods for compelling the attendance of witnesses upon examination. Notice to obtain testimony of an adverse party who has appeared in the action may be served upon the latter’s attorney (§ 290). An…