← Cases

Fallert v. Fallert

119 N.Y.S. 1124 Court N.Y. App. Div. Decision date 1909-12-03 English

Contents

Majority

p. 1124
FALLERT, Respondent, v. FALLERT, Appellant.
(Supreme Court, Appellate Division, Second Department.
December 3, 1909.)

Headnote

Action by Georgiana Fallert against George W. Fallert.

Order of the County Court of Kings county, denying motion to vacate-order to examine Joseph Fallert, Berthold Fallert, and Henrietta Fallert as witnesses before-trial, reversed, and order for examination vacated, with $10 costs and disbursements. Order of the County Court of Kings county denying: motion to vacate order to examine Joseph Fallert Brewing Company as a witness before trial-reversed, and the order for examination vacated, with $10 costs and disbursements. The necessary jurisdictional facts are not stated in the affidavits upon which the said orders for examination were granted, and, although the only action between the parties is one pending in the Supreme Court, each of these orders is entitled! in an action in the County Court.