Legal Opinion

Paine v. Warren

U.S. Circuit Court for the District of Southern New York

Decided January 9, 1888PublishedCited by 2 opinions

On Motion. Bill of discovery.

1Opinion of the CourtWallace, J.

The plaintiff commenced an action by service of a sum■mons-in the state court, and, before the pleadings were served or filed, the action was removed to this court, and a motion made to compel the •defendant to allow an inspection of books to enable the plaintiff to frame his complaint. If the practice of the state courts as prescribed by the Code of Civil Procedure had been applicable, the plaintiff would have been entitled to an inspection if the facts of the case were such as to justify such an exercise of discretion. But proceedings for production and inspection of books and documents in…

2Cases cited3 opinions

  1. Ex Parte FISKSupreme Court of the United States · 1885
  2. Peaslee v. HaberstroU.S. Circuit Court for the District of Northern New York · 1879
  3. Jacques v. CollinsU.S. Circuit Court for the District of Southern New York · 1846

3Cited by2 opinions

  1. Victor G. Bloede Co. of Baltimore City v. Joseph Bancroft & Sons Co.U.S. Circuit Court for the District of Delaware · 1899
  2. West Pub. Co. v. Edward Thompson Co.U.S. Circuit Court for the District of Eastern New York · 1907

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