Baity v. Gill

Duckworth, Chief Justice.

1. In equitable proceedings either party may be compelled to discover facts within his knowledge, beneficial to the other party and material to his case, either upon a petition for discovery and relief, or for discovery alone ancillary to some other civil proceedings. Code § 38-1101. And discovery will lie in aid of actions for personal torts. See 27 C. J. S. 9, § 3; Lucas v. Neidlinger, 210 Ga. 557 (3) (81 S. E. 2d 825).

Submitted July 12, 1955 Decided September 13, 1955. Wm. F. Buchanan, Newell Edenfield, Lamar W. Sizemore, for plaintiff in error. Adair &…