Appellate Division of the Supreme Court of the State of New York January 15, 1911 (Clark v. Phillips)

Order affirmed, with ten dollars *928costs and disbursements. All concurred, except Kruse, J., who dissented upon the ground that the order for examination appears upon its face to have been made under article 1 of title 3 of chapter 9 of the Code of Civil Procedure. Such an order can only be made by a judge and not by the court. If the .