Majority
p. 704Joseph Bird, App’lt, v. Samuel Kreiser, Resp’t. (New York City Court, General Term, Filed February 8, 1894.)
Headnote
Deposition—Examination before trial.Where plaintiff's object is to compel defendant to disclose his evidence, the latter’s examination before trial will not be allowed.
Appeal from an order vacating an order for the examination •of defendant before trial.
The opinion of Newburger, J., at special term is as follows:
From an examination of the affidavit, order, and pleadings it appears to me that the examination sought is for the purpose of compelling the defendant to disclose the evidence by which he intends to establish his defense. The motion to vacate order herein must therefore be granted. No costs.
G. Bainbridge Smith, for app’t; Fromme Bros., for resp’t.
J. — The order appealed from is affirmed with •costs. The reasons stated by the special term justice in his opinion are sufficient to sustain the order, and are adopted by us.
All concur.