Shepmoes v. Bowsson
New York Court of Common Pleas
Application for an order for the examination of the adverse .party before trial.
1Opinion of the CourtRobinson, J.
— In ray opinion an examination of the plaintiff, in respect to the matter mentioned in the affidavit upon which the application is founded, is not authorized under any of the provisions of the Code, and no case for any such discovery as is required by rule 21 of the court rules, is presented which justifies the order applied for. While, by section 389 of the Code, an action for a discovery in aid of the prosecution or defense is abolished, the mode of examination given by the subsequent sections provides a substitute. By section 390 a party to an action may be examined as a witness at the…
2Cases cited8 opinions
- March v. DavisonNew York Court of Chancery · 1842
- Bailey v. DeanNew York Supreme Court · 1848
- Reuben Town v. President of the Bank of River RaisinMichigan Supreme Court · 1847
- Carr v. Great Western InsuranceNew York Court of Common Pleas · 1869
- Deas v. HarvieNew York Court of Chancery · 1847
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3Cited by1 opinion
- Goldberg v. RobertsNew York Court of Common Pleas · 1884