O'Reilly v. Western Union Telegraph Co.

New York Supreme Court

O'Reilly v. Western Union Telegraph Co.

19 N.Y. Sup. Ct. 124

DecidedOctober 15, 1877

StatusPublished

This text of 19 N.Y. Sup. Ct. 124 (O'Reilly v. Western Union Telegraph Co.) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

O'Reilly v. Western Union Telegraph Co., 19 N.Y. Sup. Ct. 124 (N.Y. Super. Ct. 1877).

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Opinion

Daniels, J.:

The order in the case was made under section 390 of the Code of Procedure. The affidavit upon which it was made showed that the plaintiff had a probable cause of action in the case, and that the examination of the appellant was necessary to enable her to obtain the requisite information to frame her complaint; and this, although not within the terms of Rule 21 of this court, was sufficient to entitle her to the order, as the section under which it was made has been finally construed. (Glenney v. Stedwell, 64 N. Y., 120.) This authority is controlling upon the appeal taken and the order should therefore be affirmed with ten dollars costs and the disbursements.

Davis, P. J., concurred. Present — Davis, P. J., Brady and Daniels, JJ.

Order affirmed, with ten. dollars costs and disbursements.

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Daniels, J.:

The order in the case was made under section 390 of the Code of Procedure. The affidavit upon which it was made showed that the plaintiff had a probable cause of action in the case, and that the examination of the appellant was necessary to enable her to obtain the requisite information to frame her complaint; and this, although not within the terms of Rule 21 of this court, was sufficient to entitle her to the order, as the section under which it was made has been finally construed. (Glenney v. Stedwell, 64 N. Y., 120.) This authority is controlling upon the appeal taken and the order should therefore be affirmed with ten dollars costs and the disbursements.

Davis, P. J., concurred. Present — Davis, P. J., Brady and Daniels, JJ.

Order affirmed, with ten. dollars costs and disbursements.

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19 N.Y. Sup. Ct. 124, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oreilly-v-western-union-telegraph-co-nysupct-1877.

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