6 N.Y.S. 369 | N.Y. Sup. Ct. | 1889
The order appealed from is clearly right, under the rules laid down governing the examination of parties before trial contained in the case of Jenkins v. Putnam, 106 N. Y. 272, 12 N. E. Rep. 613. In that case it is distinctly held that certain facts must be made to appear to the judge before such an examination should be allowed, among which is the fact that the plaintiff has reason to apprehend that he cannot have the examination of