Majority
Headnote
Appeal from Special Term, New York County. Action by Augusta Wickstrom against Samuel W. Peck. From an order denying a motion to vacate an order of examination before trial, defendant appeals. Order reversed, and order for examination modified. Sol. Kohn, for appellant. Learned Hand, for respondent.Order appealed from reversed, without costs, and order for examination of defendant before trial modified, by striking out the words: “Also concerning the defenses set up in the separate defenses contained in the answer of said defendant as to what articles of wearing apparel the defendant’s wife was abundantly supplied with during the times mentioned in the pleadings herein.” Also the words: “And as to any facts bearing upon or from which said station in life can be determined, as to the income and property of said defendant during said times, as a means of ascertaining what his station in life was, in order that it may be determined what articles were suitable and necessary for the use of the defendant’s said wife, and also concerning all matters relative to the issues in this action.” And also, all the following paragraph, which orders the defendant to produce for the purpose of such examination all accounts, books, documents, letters, papers, and writings now in his possession or under his control, to the end of the paragraph.