Brett v. Bucknam

By the Court,

Bonney, J.

The revised statutes (2 R. S. 199, § 21 &c.) authorize this court to compel the discovery *656of books, papers and documents in certain cases; and the rules of this court (14-17) apply specially to a discovery under such statutes. The code (§ 388) makes provision for obtaining an admission, inspection or copy of books, papers or documents material to an action, or containing evidence relating to the merits thereof or the defense therein. Section 389 prohibits any action for discovery and any examination of a party on behalf of his adversary, except in the manner prescribed…