
    JOHN HICKEY, Plaintiff and Respondent, v. OWEN O’CONNOR, Defendant and Appellant.
    Before Speir and Freedman, JJ.
    
      Decided June 13, 1879.
    Examination before trial.
    
      When not granted. The order in this case was held to have been properly vacated, under the decisions of this court, in Levy v. Loeb, Corbett v. De Comeau, and Batterson v. Sandford.
    This is an appeal from an order vacating an order granted under section 873 of the Code of Civil Procedure.
    
      George W. Wilson, for appellant.
    
      Walter Durack, for respondent.
   Freedman, J.,

wrote for affirmance, with costs.

Speir, J., concurred.  