Majority
p. 941Adolph Hirsh, Respondent, v. David H. Blair and Walter Blair, a Copartnership, etc., Appellants. Sophie Hirsh, Respondent, v. David H. Blair and Walter Blair, a Copartnership, etc., Appellants.
Headnote
Appeal in each case from an order, entered on the 3d day of September, 1913, denying a motion to vacate an order for the examination of the defendants before trial.The orders appealed from should be reversed, with ten dollars costs and disbursements, and the motions to vacate the orders for the examination of the defendants before trial granted, upon the ground that the examination is directed to facts which will only be material upon an accounting -if one is ordered. Present — Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ. Laughlin, J., dissented. Orders reversed, with ten dollars costs and disbursements and motion granted.