Entered according to act of Congress, in the year eighteen hundred and seventy-nine, BY WILLIAM GOULD & SON, in the office of the Librarian of Congress, at Washington. Rec. May 26, 1879 THE ARGUS COMPANY, PRINTERS AND STEREOTYPERS, ALBANY, N. Y. PRACTICE REPORTS. SUPREME COURT. In the Application of ANDREW F. PAULMIER agt. JOHN A. SWEENY and WILLIAM H. SWEENY. Examination of parties before suit brought― Code of Civil Procedure § 870 The eight hundred and seventieth section of the Code of Civil Procedure does not provide for the examination of parties before suit brought, on application of a party merely stating that he expected to bring an action against them, and that such an examination was necessary in order to frame a complaint in the action which he contemplated. This section only provides for the examination of an expected party when he himself applies for it, and not for the examination of a party not yet sued, at the instance of another, who contemplates a suit against the former. Special Term, October, 1878. MOTION by the Messrs. Sweeny to set aside an order for their examination, obtained by Paulmier, before suit brought. Amos G. Hull, for motion. Elliott F. Shepard, opposed. WESTBROOK, J.-An order was made to examine John A. Sweeny and William H. Sweeny, upon the application of Andrew F. Paulmier, he stating that he expected to bring an action against them, and that such an examination was necessary in order to frame a complaint in the action which he . contemplated. The question which the motion presents is, |