Majority
p. 873Edwin Dumble, Appellant, v. Hyman D. Baker, Impleaded with Mary Ehrmann, Respondent.
Headnote
Appeal from an order entered in the New York county clerk’s office on the 18th day of November, 1908, granting a motion to vacate an order for the examination of defendant before trial.The order appealed from must be reversed, with ten dollars costs and disbursements, and the motion to vacate the order for the examination of the defendant denied ; the examination, however, to be limited to the issues raised by the allegations contained in the 2d paragraph of the complaint, and the denial thereof by the defendant. Present — Ingraham, Laughlin, Clarke, Houghton and Scott, JJ. Order reversed, with ten dollars costs and disbursements, and order entered as stated in opinion. Settle order on notice.