Opinion
January, 1918.
The plaintiffs, appellants, are mistaken in their claim that the order appealed from vacates the order previously made for examination of the defendants before trial. On the contrary, the right of the plaintiffs, appellants, to that examination is presented by the order appealed from, which directs the defendants to file an account of their proceedings, which is the principal relief demanded in the complaint, and adjourns the examination before trial until after the account is filed. The adjournment of the examination was a matter addressed to the discretion of the judge who granted it. Plaintiffs are in no way prejudiced, but, on the contrary, the filing of the account will be in aid of the examination, and benefit all concerned. Order affirmed, with ten dollars costs and disbursements. Jenks, P.J., Thomas, Putnam, Blackmar and Kelly, JJ., concurred.