Depierris v. Slavin — 28 N.Y.S. 1106

Majority

p. 1106

DEPIERRIS, Appellant, v. SLAVIN et al., Respondents.

(Supreme Court, General Term, First Department

March 16, 1894.)

Headnote

Action by Maud E. S. Depierris against Henry B. Slavin and others. For former report, see 26 N. Y. Supp. 970 .

Argued before VAN BRUNT, P. J., and O’BRIEN and FOLLETT, JJ.

A. H. Joline, for appellant.

G. H. Adams, for respondents.

We think that there are subjects of examination pertinent to the cause of action alleged which do not necessarily tend to establish the commission of any criminal offense upon the part of the defendants, and for that reason, there being no other question submitted to us, the order should be affirmed. Davies v. Fish, 35 Hun, 430 . The order must be affirmed, with $10 costs and disbursements.