Kennedy v. Nichols

This is a motion to compel the defendants to allow the plaintiff to enter defendants’ premises and make an examination of a part thereof. The only right of a discovery and inspection is to be found in section 803, Code of Civil Procedure. See 1 Eumsey Pr. 677. It is claimed, however, by the plaintiff that subdivision 3 of rule 14 of the General Buies of Practice, gives the plaintiff the right to the relief asked for on this motion. That subdivision provides that “ Either party may be compelled to make ■discovery of any book, document, record or any other article under his control, * * * upon…