CORNELL v. EATON


286 A.D. 1124 (1955)

William H. Cornell et al., Appellants, v. William Eaton et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 16, 1955.


The action is in equity, involving a dispute over rights of way. Plaintiffs allege, among other things, that defendant William Eaton forged certain language in a deed. We cannot agree that, under the voluminous pleadings herein, the forgery is the only issue. The matters upon which the examination was allowed are, or at least could become, material and necessary. In an equity action no harm can come from a broad examination of a party, and the trial will be materially shortened...

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