Girard National Bank v. McArthur
Supreme Court of North Carolina
Appeal by plaintiff from Rountree, J., at February Term, 1914, of Cumberland. Civil action to recover on a note for $15,000, purporting to be signed by Adam and Mrs. M. 0. McArthur and, others and the execution of which was denied by.the defendants named, 'heard on motion to permit the inspection and taking of photographic copy of the note in controversy.
Read the full summary
Appeal by plaintiff from Rountree, J., at February Term, 1914, of Cumberland. Civil action to recover on a note for $15,000, purporting to be signed by Adam and Mrs. M. 0. McArthur and, others and the execution of which was denied by.the defendants named, 'heard on motion to permit the inspection and taking of photographic copy of the note in controversy. Motion having been allowed, plaintiff'excepted and appealed, assigning for error that the court had not power to make such an order.
1Opinion of the CourtHoke, J.
Tbe order made by bis Honor comes clearly witbin tbe provisions of our statute applicable to tbe case, wbicb is as follows:
Eevisal, sec. 1656: “Tbe court before wbicb an action is pending, or a judge thereof, may, in tbeir discretion, and upon due notice, order either party to give to tbe other, witbin a specified time, an inspection and copy, or permission to take a copy, of any books, papers, and documents in bis possession or under bis control, containing evidence relating to tbe merits of tbe action or tbe defense therein. If compliance with tbe order be refused, tbe court, on motion, may…
2Cases cited11 opinions
- Davis v. . R. R.Supreme Court of North Carolina · 1904
- Newcomb v. BrackettMassachusetts Supreme Judicial Court · 1819
- Frank v. . Chemical Nat'l Bank of N.Y.New York Court of Appeals · 1881
- Bailey v. . MatthewsSupreme Court of North Carolina · 1911
- Hampton v. . R. R.Supreme Court of North Carolina · 1897
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State v. NorrisSupreme Court of North Carolina · 1955
- Vaughan v. BroadfootSupreme Court of North Carolina · 1966
- Lupton v. Southern Express Co.Supreme Court of North Carolina · 1915
- Jones v. Union Guano Co.Supreme Court of North Carolina · 1920
- Dunlap v. London Guaranty & Accident Co.Supreme Court of North Carolina · 1932
1 more not listed; retrieve them via the Exa API.