Appellate Division of the Supreme Court of New York, 1911

Clark v. Phillips

Clark v. Phillips
Appellate Division of the Supreme Court of New York · Decided January 15, 1911
142 A.D. 927
Clark v. Phillips

Opinion of the Court

Order affirmed, with ten dollars *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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