Wallis v. Murray

Curia, per

Savage, Ch. J.

The power of the Courts in England, to compel a party to produce or furnish copies of papers to his adversary, is said, by the later cases, to rest on the idea that the paper in question was left with the party required to furnish it as a trustee for the other; and the motion has been denied where a counterpart was kept by the party applying. Why this trust should give jurisdiction more than an accidental loss of a counterpart once existing, it is difficult to perceive. If the Courts go upon the analogy to equitable relief, accident is as plain a ground as trust. This…