Hyperlawhypertext legal database Clark v. Phillips 126 N.Y.S. 1125

← Cases

Clark v. Phillips

126 N.Y.S. 1125 Court N.Y. App. Div. Decision date 1911-01-18 English

Decision Majority — PER CURIAM. · Dissent — KRUSE, J.,

Contents
p. 1125
CLARK v. PHILLIPS. MAHANA v. SAME.
(Supreme Court, Appellate Division, Fourth Department,
January 18, 1911.)

Headnote

Actions by George Clark arid by Jane Mahana against Frank Phillips.

Orders ( 65 Misc. Rep. 166 , 119 N. Y. Supp. 360 ) affirmed, with $10 costs and disbursements.

dissents, upon the ground that the order for examination appears upon its face to have been made under article 1, title 3, c. 9, §§ 870-886, of the Code of Civil Procedure. 'Such an order can only be made by a I judge, and not by the court. If the order was incorrectly entered, it should have been resettled before the judge who presided at the court •that made it.

Cases cited