2 Abb. N. Cas. 137
Decided April 15, 1877
New York Supreme Court · decided 1877-04-15
<p>Compelling Affidavit fob the pubfosb of Motion.—Examination of Pabty befobe Tbial.</p> <p>A physician who has once made an affidavit to facts derived in a professional capacity, for use against his patient, may be compelled at the instance of the patient to make an affidavit upon the same subject.*</p> <p>The insanity of a party is ground for refusing to order examination before trial.†</p>
Decided 1877-04-15
¶1On the fair statement of the papers as they stand, I must hold that the plaintiff alleges the *143defendant to be partially insane. If plaintiff is correct in this, and there is nothing to dispute it, the witness should be examined on the trial that the court may judge of that sanity.
¶2Motion granted.