Ex Parte Darring

BOULDIN, Justice.

“The court or judge thereof, may, upon affidavit of their necessity and materiality, upon motion, compel, by order, either party to produce, at or before the trial, any book, paper, or document in his possession or power; the order may be made upon the application of either party, upon reasonable notice to the adverse party or his attorney. If not produced, parol evidence may be given of its contents.” Code of 1940, Title 7, § 426.

Petitioner brought suit for a sum alleged to be due by account for produce, goods and chattels sold by plaintiff to defendant.

The defendant made…