The Alleged Malpractice Suit of Walsh Vs. Sayre

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Geo. H. Shaw & Company, 1870 - Electronic books - 190 pages
Suit brought by John F. Walsh, the guardian of the infant Margaret Sarah Walsh, alleging malpractice by Dr. Lewis A. Sayer.
 

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Page 15 - Angeles, ss. being duly sworn, says: That he is the applicant in the foregoing application, that he has read the same and knows the contents thereof, and that the same is true of his own knowledge, except as to the matters therein stated on information and belief, and as to those matters he believes it to be true.
Page 26 - Ancillary action for discovery abolished. An action cannot be maintained to obtain a discovery under oath, in aid of the prosecution or defence of another action.
Page 6 - York, within twenty days after the service hereof, exclusive of the day of such service ; and if you fail to answer the said complaint within the time aforesaid, the plaintiff in this action will apply to the court for the relief demanded in the complaint.
Page 6 - PORTUONDO, being duly sworn, deposes and says that he is the plaintiff in the within action; that he has read the foregoing Amended Bill of Complaint and knows the contents thereof; that the same is true to his own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters he believes it to be true.
Page 26 - Courts of equity, in compelling discovery, proceeded on the principle that it was against conscience that a party to a litigation having knowledge, or the means by which knowledge could be obtained, of facts material to the litigation, should obtain an advantage to himself to the sacrifice of the development of truth, and consequent working of injustice, by withholding and concealing such knowledge and means. Upon this principle a discovery of books, papers, and documents is ordered.
Page 16 - March, 1964, at 10 o'clock in the forenoon, or as soon thereafter as counsel can be heard...
Page 6 - ... that he has read and signed the same and knows the contents thereof, and that the same is true of his own knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters he believes it to be true.
Page 19 - The question whether a surgical operation has been unskillfully performed or not is one of science, and is to be determined by the testimony of skillful surgeons as to their opinion, founded either wholly on...
Page 6 - Belief [Venue] , being duly sworn, deposes and says that he is the plaintiff in the within entitled action, that he has read the foregoing complaint and knows the contents thereof; and that the same is true of his own knowledge, except as to matters therein stated to be alleged on information and belief and as to those matters he believes it to be true.
Page 6 - California." (Signed by defendant.) The affidavit of merits, omitting the title, reads as follows : "Charles Keller, being first duly sworn, deposes and says: That he is the defendant in the above entitled action: "1.

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