Hynes v. McDermott

Citations

• 7 Daly 513

Syllabus

<p>The decisions upon the construction of §§ 390, 391 of the old Code of Procedure, as to what must be shown to sustain an order for the examination of an adverse party before trial, are not applicable to the construction of the provisions of § 870 et seq. of the new Code of Procedure upon the same subject.</p> <p>Under the new Code of Procedure, a.party applying for the examination of an adverse party before trial need not show such facts as would have sustained a bill for a discovery in equity, and the rules applicable to bills of discovery do not apply to such applications.</p> <p>Where the applicant presents an affidavit setting forth the facts prescribed by § 872 of the new Code of Procedure, he is entitled to an order for the examination of the adverse party as a matter of right.</p>