Hynes v. McDermott ( 1878 )

Charles P. Daly, Ch. J.,

dissented on the ground that by Supreme Court rule 89 (Rules of 1877) the affidavit was required to specify the facts and circumstances showing-that the examination was material and necessary, and that the affidavit in this case did not specify any such facts and circumstances.

Order reversed, with costs and disbursements.