Majority
p. 1096DOLL, Respondent, v. SMITH et al., Appellants. (Supreme Court, Appellate Division, Second Department. June 10, 1904.)
Headnote
Action by Edwin N. Doll against Albert D. Proctor Smith and Carlton R. Mabley.Order reversed, with $10 costs and disbursements, and motion granted, with costs, on the ground that it is not made to appear that the examination is material or necessary before the trial, rather than after the trial.