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Ward v. Tompkins

53 N.Y.S. 1118 Court N.Y. App. Div. Decision date 1898-07-07 English

Contents

Majority

p. 1118
WARD, Respondent, v. TOMPKINS, Appellant.
(Supreme Court, Appellate Division, Second Department.
July 7, 1898.)

Headnote

Action by Maggie A. Ward against Joseph B. Tompkins.

Order reversed, with $10 costs and disbursements, and motion to set aside order of examination granted, with $10 costs, on the ground that the affidavit on which the order was granted shows that the defendant’s residence was in the county of New York, and that, therefore, the order directing his attendance in Kings county for examination was unauthorized by the’ Code.