New York Supreme Court, 1891

Post v. Scheider

Post v. Scheider
New York Supreme Court · Decided February 11, 1891 · Pratt
13 N.Y.S. 396; 36 N.Y. St. Rep. 324; 59 Hun 619; 1891 N.Y. Misc. LEXIS 1133 (New York Supplement)

Counsel

George A. Stearns, for appellant. Truax & Crandall, for appellee.

Post v. Scheider

Opinion of the Court

Pratt, J.

This is an appeal from an order requiring the plaintiff’s attorney to disclose the plaintiff’s address, and in default thereof staying the action. The power of the court to grant such is too well established to require argument. Walton v. Fairchild, 4 N. Y. Supp. 552; Tidd. Pr. (Amer. notes) 533, 534;. Ninety-Wine Plaintiffs v. Vanderbilt, 1 Abb. Pr. 193; Worton v. Smith, 6 Moore, 110. Such an order is discretionary,' and should not be reversed unless there is a clear ease of abuse of discretion. We think it was important to the defendant to know the address of the plaintiff, in order that he might take measures to examine him before answering, and to move for security in case the plaintiff is a non-resident. The facts disclosed are sufficient to justify the order, which is affirmed, with costs.

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