Simmons v. Hazard
New York Supreme Court
Appeal from special term, Hew York county. Action, by Celia R. Simmons against Edward C. Hazard and others. Plain"tiff obtained an order for the examination before trial of defendants Edward •C. Hazard and Lewis A. Osborn. Erom an order denying a motion to vacate "the order for their examination, said defendants.appeal.
1Opinion of the CourtVan Brunt, P. J.
The order for the examination of the defendants Hazard and Osborn should have been vacated, if for no other reason, because the ■affidavit upon which it was granted was verified by the attorney for the plaintiff without any sufficient reason being given therefor.- The reasons given for the verification by the attorney are stated to be those stated in the verification of the complaint, and we find nothing stated in the verification of the ■complaint as to the affidavit. If the attorney intended to state, as a reason, rthe one because of which he states that the complaint was verified by him,…
2Cited by6 opinions
- De Lacy v. WalcottThe Superior Court of the City of New York and Buffalo · 1891
- Doyle v. KimballNew York Supreme Court · 1898
- Golin v. Town of MooersNew York Supreme Court · 1889
- Simmons v. HazardNew York Supreme Court · 1892
- Treadwell v. GreeneAppellate Division of the Supreme Court of the State of New York · 1903
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