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Warner v. Holmes

100 N.Y.S. 1148 Court N.Y. App. Div. Decision date 1906-10-12 English

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p. 1148
WARNER, Respondent, v. HOLMES, Appellant.
(Supreme Court, Appellate Division, Second Department.
October 12, 1906.)

Headnote

Action by Ellen E. Warner against Franklin S. Holmes.

No opinion. This order for the taking of depo. sition of a person not a party cannot, stand, for it was granted at Special Term, instead of by a judge, the affidavits presented were insufficient in material matters, and the order itself is indefinite, if not defective. The order is reversed, with $10 costs and disbursements, and the motion is denied, with $10 costs.