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Wood v. Wilson

151 N.Y.S. 853 Court N.Y. App. Div. Decision date 1915-02-26 Docket No. 6941 English

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p. 853
WOOD v. WILSON.
(No. 6941.)
(Supreme Court, Appellate Division, First Department.
February 26, 1915.)

Headnote

Discovery (§ 31[1] ) — Examination oe Adverse Party — Time of Examination —Joinder of Issue»
Plaintiff is not entitled to an examination of defendant as a party before issue joined.
[Ed. Note. — For other cases, see Discovery, Cent. Dig. § 45; Dec. Dig. § 31.*]
Appeal from Special Term, New York County.
Action by Otis F. Wood against Rose O’Neill Wilson. From an order denying the motion of Rose O’Neill Wilson to vacate an order for her examination, she appeals.
Reversed.
Argued before CLARKE, LAUGHLIN, SCOTT, DOWLING, and HOTCHKISS, JJ.
William W. Corlett, of New York City, for appellant.
Kelley & Becker, of New York City, for respondent.

It is obvious that the plaintiff has all the knowledge necessary to enable him to frame a complaint. After issue joined he may be entitled to examine the defendant as a party; but such an examination is not authorized before issued joined.

The order appealed from should be reversed, with $10 costs and disbursements, and the motion granted, with $10 costs.