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Dumble v. Ehrman

114 N.Y.S. 1125 Court N.Y. App. Div. Decision date 1909-01-22 English

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p. 1125
DUMBLE v. EHRMAN et al.
(Supreme Court, Appellate Division, First Department.
January 22, 1909.)

Headnote

Appeal from Trial Term, New York County. Action by Edwin Dumble against Mary Ehrman, impleaded. From an order granting a motion to vacate an order for examination of the named defendant before trial, plaintiff appeals. Reversed, with directions. E. A. Freshman, for appellant. M. Esberg, for respondent.

The order appealed from must be reversed, with $10 costs and disbursements, and the motion to vacate the order for the examination of the defendant denied; the examination, however, to be limited to the issues raised by the allegations contained in the second paragraph of the complaint, and the denial thereof by the defendant.