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7 Daly 513

Hynes v. McDermott

New York Court of Common Pleas

Decided March 4, 1878

New York Court of Common Pleas · decided 1878-03-04

Hynes, on the part of the defendants Mary J. McCreery and Lavinia Gay.

Decided 1878-03-04

Charles P. Daly, Ch. J.,

¶1dissented on the ground that by Supreme Court rule 89 (Rules of 1877) the affidavit was required to specify the facts and circumstances showing-that the examination was material and necessary, and that the affidavit in this case did not specify any such facts and circumstances.

¶2Order reversed, with costs and disbursements.

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