Legal Opinion

Wells v. Holman

Supreme Court of South Carolina

Decided March 12, 1921No. 10585PublishedCited by 8 opinions

Before Mendel L. Smith, Special Judge, Sumter, April, 1920. Action by F. A: Wells against Dr. F.K. Holman. From order requiring the defendant to produce his books and papers, the defendant appeals.

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Before Mendel L. Smith, Special Judge, Sumter, April, 1920. Action by F. A: Wells against Dr. F.K. Holman. From order requiring the defendant to produce his books and papers, the defendant appeals. The order referred to in the .opinion was as follows: This order is passed pursuant to a motion duly noted and made me on behalf of the plaintiff, who seeks to procure an inspection and copy, or permission to take a copy, of the books, papers, and documents in the possession of or under the control of the defendant, the same' being those kept by the defendant showing the farming operations' and the…

1Opinion of the Court

March 12, 1921. The opinion of the Court was delivered by For the reasons assigned by his Honor the Circuit Judge, the order made by him is affirmed.

Mr. JUSTICE WATTS and Mr. JUSTICE FRASER concur.

Mr. JUSTICE COTHRAN: I concur in the judgment affirming the order of the Circuit Judge, but, as the appeal raises squarely the issue whether or not the documentary evidence to an inspection of which a moving party may be entitled under section 427 of the Code is limited to such as the adverse party expects to use on the trial of the case, and does not include such as the moving party may desire to…

2Cases cited3 opinions

  1. Jenkins v. BennettSupreme Court of South Carolina · 1894
  2. Parker v. South Carolina & Georgia R. R.Supreme Court of South Carolina · 1897
  3. Cartee v. SpenceSupreme Court of South Carolina · 1886

3Cited by8 opinions

  1. Sinclair Refining Co. v. Jenkins Petroleum Process Co.Supreme Court of the United States · 1933
  2. Hahn v. SmithSupreme Court of South Carolina · 1930
  3. Fox v. Clifton Mfg. Co.Supreme Court of South Carolina · 1922
  4. Jenkins Petroleum Process Co. v. Sinclair Refining Co.Court of Appeals for the First Circuit · 1933
  5. Barfield v. Dillon Motor Sales, Inc.Supreme Court of South Carolina · 1958

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