Shepard v. Lomas

2 Citing cases

  1. Orton v. Poe

    110 A.2d 623 (Conn. Super. Ct. 1954)   Cited 3 times

    The defendant's motion should be granted on the ground that, under the circumstances disclosed to the court, the proposed deposition does not come within the purview of § 7871. Shepherd v. Lomas, 9 Conn. Sup. 168; Wylie v. Gledhill, Superior Court, Fairfield County, No. 78764; Hackett v. Roosevelt School, Inc., Superior Court, Fairfield County, No. 92979. While the court ( House, J.) in Levy v. Heyman, Superior Court, Hartford County, No. 90089, seemed to lean to a contrary view, the case was decided and the motion for a restraining order denied on the ground that there was no evidence that the deposition was in the nature of a "fishing expedition," or was to be taken for an ulterior motive, or that any circumstances existed for interference by the court. Although the deposition proceedings in the present case were directed to Mr. Poe as an individual and to his employee, Miss Ahlquist, they are in reality for the purpose of securing the disclosure, production and inspection of documents by the defendant administrator and within his knowledge, possession and power. If the plaintiff has a right to examine the documents prior to trial, it exists by reason of our discovery statute (§ 7949) and r

  2. Levy v. Heyman

    110 A.2d 621 (Conn. Super. Ct. 1954)   Cited 2 times

    Similar applications have been granted. In Shepherd v. Lomas, 9 Conn. Sup. 168, Comley, J., concluded that the sole purpose of the deposition proposed in those proceedings was to put counsel in a better position for their cross-examination at the trial and that the party there sought to take the deposition "for an ulterior purpose." In Hackett et al. v. Roosevelt School, Inc. (Case No. 92979, Superior Court, Fairfield County, July 15, 1954) Thim, J., granted the relief sought, commenting that "Our deposition procedure is to afford a means of presenting testimony and is not to be used to conduct a fishing expedition.