Clark v. Phillips

Appellate Division of the Supreme Court of New York

Clark v. Phillips

142 A.D. 927

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 15, 1911

StatusPublished

This text of 142 A.D. 927 (Clark v. Phillips) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Clark v. Phillips, 142 A.D. 927 (N.Y. Ct. App. 1911).

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Opinion

Order affirmed, with ten dollars [928]*928costs and disbursements. All concurred, except Kruse, J., who dissented upon the ground that the order for examination appears upon its face to have been made under article 1 of title 3 of chapter 9 of the Code of Civil Procedure. Such an order can only be made by a judge and not by the court. If the .order was incorrectly entered it should have been resettled before the judge who presided at the court that made it.

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Order affirmed, with ten dollars [928]*928costs and disbursements. All concurred, except Kruse, J., who dissented upon the ground that the order for examination appears upon its face to have been made under article 1 of title 3 of chapter 9 of the Code of Civil Procedure. Such an order can only be made by a judge and not by the court. If the .order was incorrectly entered it should have been resettled before the judge who presided at the court that made it.

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Bluebook (online)

142 A.D. 927, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clark-v-phillips-nyappdiv-1911.