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Clark v. Phillips

142 A.D. 927 Court N.Y. App. Div. English

Contents

Majority

p. 927
George Clark, Respondent, v. Frank Phillips, Appellant. Jane Mahanna, Respondent, v. Frank Phillips, Appellant.

Order affirmed, with ten dollars

p. 928
costs and disbursements. All concurred, except Kruse, J., who dissented upon the ground that the order for examination appears upon its face to have been made under article 1 of title 3 of chapter 9 of the Code of Civil Procedure. Such an order can only be made by a judge and not by the court. If the .order was incorrectly entered it should have been resettled before the judge who presided at the court that made it.