Gould v. Gould
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Kathrine 0. Gould, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 10th day of December, 1907, denying the plaintiff’s motion to vacate an order for the examination of a witness before trial.
1Opinion of the Court
McLaughlin, J.:
This action is brought to procure a judgment of separation. Before the service of an answer the defendant obtained an ex parte order for the examination of a witness before trial de bene esse and from an order denying a motion to vacate this order the plaintiff appeals.
*376The order of examination was granted upon an affidavit by the defendant, which stated that his defense would be a general denial and that “ in addition to the said general denial the defendant will set up in justification the misconduct of the plaintiff, and will also ask for certain affirmative relief as a…
2Cases cited2 opinions
- Oakes v. Star Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Goodsell v. GoodsellAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by3 opinions
- Ostro v. OstroAppellate Division of the Supreme Court of the State of New York · 1916
- Gould v. GouldAppellate Division of the Supreme Court of the State of New York · 1908
- Ostro v. OstroAppellate Division of the Supreme Court of the State of New York · 1915