McConnell v. McConnell

132 A.D. 948 Court N.Y. App. Div. English

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Majority

p. 948

Margery McConnell, Respondent, v. Benton McConnell and McConnell Manufacturing Company, Appellants, Impleaded with Jennie Saxton, Individually and as Sole Executrix, etc., of Floyd T. McConnell, Deceased.

Order reversed, with ten. dollars costs and disbursements, and motion to vacate order granted,

p. 949

with ten dollars costs. Held, that the moving affidavit fails to show that the examination is necessary to enable the plaintiff to frame a complaint. All concurred.