New York Court of Appeals

William H. Glenney, Respondent v. Jeremiah H. Stedwell, Appellants

February 1, 187664 N.Y. 120

Summary

The New York Court of Appeals affirmed the lower court's discretionary order allowing a plaintiff to examine adverse parties before service of the complaint, holding that section 391 of the Code of Procedure authorizes such examination and that the order is not subject to appellate review.