¶1concurred in the conclusion, upon the ground that the party against whom the affidavit is proposed to be read, must show that he is injured by the irregularity complained of, before he can move to set aside the order for the examination of the witness.
5 Rob. 656
Brooks v. Schultz
The Superior Court of New York City
Decided April 1, 1867
The Superior Court of New York City · decided 1867-04-01
Appeal by the plaintiff from an order made at a special term, denying a motion to set aside proceedings, under section 401, subdivision 6, of the Code of Procedure, for the examination of witnesses before a referee, and to suppress the depositions, &c. on the ground of irregularity.
Decided 1867-04-01