Dempsey v. Heany

41 N.Y. St. Rep. 955 Court N.Y. Super. Ct. Decision date 1891-12-10 English

Contents

Majority

p. 955

William Dempsey, App’lt, v. John Heany, Resp’t.

Headnote

Appeal from order vacating ah order for the examination of defendant before trial.

Edmund Luis Mooney, for app’lt; Bernard Metzger, for resp’t.

The learned judge was right in holding that no necessity for an examination was shown. Indeed, take the whole of the affidavit together it appears that the examination was to be used as a preparation for trial.

Order affirmed, with ten dollars costs.