Ewen v. Hoefer — 155 A.D. 885

Majority

p. 885

John Ewen, as Trustee in Bankruptcy of Herman W. Hoefer, Appellant, v. Elizabeth M. F. Hoefer, Otherwise Known as Elizabeth M. F. Ochs, Individually and as Executrix of Maria Hackmann, Deceased, and Charles E. Ochs, Respondents, Impleaded with Others.

(Appeal No. 2.)

Headnote

Appeal from an order entered in the New York county clerk’s office on the 22d day of Hovember, 1912, denying the plaintiff’s motion for a stay until one of the defendants can be examined before trial.

This court having reversed the order vacating an order for the examination before trial (Ewen v. Hoefer, No. 1, ante, p. 885), this order denying a stay of proceedings until the taking of said examination should be reversed, with ten dollars costs and disbursements to the appellant, and the motion granted, with ten dollars costs. Present — Ingra

p. 886

ham, P. J., McLaughlin, Clarke, Scott and Dowling, JJ. Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.