Paul Schwarz, Appellant, v. Minnie J. Robinson and Others, Defendants. Eugene G. Kremer, Witness, Respondent

Paul Schwarz, Appellant, v. Minnie J. Robinson and Others, Defendants. Eugene G. Kremer, Witness, Respondent. First Department, December 31, 1908. Discovery — examination of witness to effect service by publication. Plaintiff in an action for partition should be allowed to examine a witness who filled in the name of the grantee of the premises, in order to discover the grantee’s age and whereabouts and the facts necessary to be shown in order to procure an order for the service of the summons by publication. Appeal by the plaintiff, Paul Schwarz, from an order of the Supreme Court, made at the Hew York- Special Term and entered in the office of the clerk of the county of Hew York on the 1st day of December, 1908, vacating an order for the examination of a witness. Action to partition real estate. A conveyance of the property did not contain any means by which to identify the grantee and an attorney who had’filled in the name of the grantee refused to make affidavit as to her age and 'whereabouts or other facts necessary to be shown in order to procure an order for service of the summons by publication. Edmund L. Mooney, for the appellant. John Davis, for the respondent. [MAJORITY — Per Curiam:] Per Curiam: We think that the plaintiff was entitled to examine the witness in relation to his knowledge as to the defendant Eobinson. The order appealed from should be reversed, with ten dollars costs and disbursements, and the order for examination reinstated; the time for the examination of the witness to be fixed on the settlement of the order to be entered hereon. Present — Ingraham, McLaughlin, Clarke, Houghton and Scott, JJ. Order reversed, with ten dollars costs and disbursements, and order for examination reinstated. Settle order on notice.