159 N.Y.S. 646 | N.Y. Sup. Ct. | 1916
In this action for alienating the affections of his wife and for criminal conversation, the plaintiff has procured an order for the examination of the defendant before trial. That order, upon the return day, the defendant moved to vacate upon the papers on which it was granted. As I construe the meaning of the decisions of the Appellate Division of this department in Wessel v. Schwarzler No. 1, 144 App. Div. 587, and Wessel v. Schwarzler, No. 2, 144 id. 589, the motion should be granted. The former was an action brought by the mother for the seduction of her daughter and the latter was an action brought by the daughter for breach of promise of marriage, and in both cases for the same reasons it was held that the examination of the defendant before trial should not
Motion granted.