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1 Sara Belle Griffen against George B. Davis 1904

handle is hein.trials/abct0001 and id is 1 raw text is: SARATOGA SPRINGS, N.Y.

SUPREME COURT
Appellate Division-Third Department
SARA BELLE GRIFFEN
agaiinst
GEOR(GE B. DAVIS
APPELLANT'S POINTS
This is an appeal from an order of the Bingham-
ton Special Term   held by Mr. Justice Lyon,
August 27, 1904, (fols. 9-15) modifying an ex parte
order of the same justice (fols. 26-29) requiring
the defendant to appear before a referee for exam-
ination before trial pursuant to sections 870-886 of
the code of civil procedure. The cx parte order was
made upon plaintiff's affidavit (fols. 31-68), to
which copies of the complaint (fols. 69-136) and
answer (fols. 149-203) were annexed to show the
nature of the action and of the relief demanded,
and also of the defendant's defense; and in her affi-
davit the plaintiff reiterated all the allegations con-
tained in the complaint, as made therein, and made
them a part of her affidavit. (Fols. 35-36.)
The order appealed from was made upon pre-
cisely the same papers upon which the ex parte
order was granted (fols. 11; 18-20) and no answer-
ing affidavit was made to the plaintiff's allegations.
The ex parte order directed the defendant to ap-

SARATOGIAN PRINT

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