Hyperlawhypertext legal database Corbett v. De Comeau 45 N.Y. Super. Ct. 588

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Corbett v. De Comeau

45 N.Y. Super. Ct. 588 13 Jones & S. 588 Court N.Y. Super. Ct. Decision date 1879-03-14 English

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p. 588
JOHN J. CORBETT, Plaintiff and Respondent, v. LOUIS DE COMEAU, Defendant and Appellant.[1]

Headnote

The order appealed from denies defendant’s motion to compel plaintiff’s attorney to ■ furnish “a sworn statement showing residence, occupation, and present address of plaintiff, &c.,” that the defendant might be enabled to examine the plaintiff before trial. It ap
p. 589
pcared from the moving papers that the complaint was not served, plaintiff’s proceedings being stayed. Held, that no substantial right was necessarily involved - in the denial of the motion and the case failed to disclose any exigency which demanded the order. At most the matter rested in the discretion of the judge below.
Before Sedgwick and Van Vorst, JJ.
Decided March 14, 1879.
Appeal by defendant from order, &c.
Coudert Brothers, for appellant.
Frank W. Severance, for respondent.

opinion for dismissal of the appeal with ten dollars costs.