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?
You can find similar books in the "Read Also" column, or choose other free books by Thomas Hall Shastid to read onlineMoreLess
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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