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Maggie A. Ward, Respondent, v. Joseph B. Tompkins, Appellant.

Order reversed, with ten dollars costs and disbursements, and motion to set aside order of examination granted, with ten dollars costs, on the ground that the affidavit on which the order was granted shows that the defendant's residence was in the county of New York, and that, therefore, the order directing his attendance in Kings county for examination was unauthorized by the Code. All concurred, except Woodward, J., absent.

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WARD v. TOMPKINS
(Jul 1, 1898)