How to Suppress a Malpractice Suit And Other Medical Miscellanies
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Newmeyer, 129 Ind. , 401 (1891).
96 HOW TO SUPPRESS power is inherent in the courts. We think the better rea- son is against the existence of such a right, and, in the ab- sence of some statute upon the subject, we do not think the courts should attempt to compel litigants, against their will, to submit their persons to the examination of strang- ers, for the purpose of furnishing evidence to be used on the trial of a cause. Should a litigant willingly submit, there could be no legal objection ...to such an examination, and should he refuse to submit to a reasonable examina- tion, his conduct might possibly be proper matter for com- ment. But this is quite a different matter from compelling him, against his will, to submit his person to the examina- tion of strangers. " In the most recent Indiana case, 44 however, Penn- sylvania Co. V. Newmeyer is distinctly overruled, the question being squarely before the court, and the court expressly following Graves v. City of Battle Creek, * 5 and the dissenting opinion in Union Pacific Ry.
What to read after How to Suppress a Malpractice Suit And Other Medical Miscellanies?
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To quickly assess the difficulty of the text, read a short excerpt:
Newmeyer, 129 Ind. , 401 (1891).
96 HOW TO SUPPRESS power is inherent in the courts. We think the better rea- son is against the existence of such a right, and, in the ab- sence of some statute upon the subject, we do not think the courts should attempt to compel litigants, against their will, to submit their persons to the examination of strang- ers, for the purpose of furnishing evidence to be used on the trial of a cause. Should a litigant willingly submit, there could be no legal objection ...to such an examination, and should he refuse to submit to a reasonable examina- tion, his conduct might possibly be proper matter for com- ment. But this is quite a different matter from compelling him, against his will, to submit his person to the examina- tion of strangers. " In the most recent Indiana case, 44 however, Penn- sylvania Co. V. Newmeyer is distinctly overruled, the question being squarely before the court, and the court expressly following Graves v. City of Battle Creek, * 5 and the dissenting opinion in Union Pacific Ry.
What to read after How to Suppress a Malpractice Suit And Other Medical Miscellanies?
You can find similar books in the "Read Also" column, or choose other free books by Thomas Hall Shastid to read onlineMoreLess
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