¶1After consultation, we have reached the conclusion that this order was properly made, and it should be affirmed. We think third parties cannot be examined, and were not intended to be included within that provision of the Code which provides for the examination of parties before trial; but, if they can be examined, then the allegations contained in the affidavits on which the order was obtained were not sufficient to warrant the order.
5 N.Y.S. 956
Lederer v. Veith
New York Court of Common Pleas
Decided May 9, 1889
New York Court of Common Pleas · decided 1889-05-09
This is an appeal by defendants from an order vacting an order for the examination before trial and before answer, of Gustav M. Miller and Bichard Schramm, who are not parties to the action.
Decided 1889-05-09