Robinson v. Craig
Supreme Court of Alabama
Error to the Circuit Court of Limestone! Tried before thfe1' Hon.- Thomas A. "Walker. The plaintiff instituted his action against the defendant inCl-for for seducing, debauching, &c., the wife of the plaintiff and made application to the court for the' allowance of interrogatories under the statute to the defendant, in aid of liis action.
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Error to the Circuit Court of Limestone! Tried before thfe1' Hon.- Thomas A. "Walker. The plaintiff instituted his action against the defendant inCl-for for seducing, debauching, &c., the wife of the plaintiff and made application to the court for the' allowance of interrogatories under the statute to the defendant, in aid of liis action. The' court refused the application, and to revise thfe action of the court, the writ of error in this case is sued out. 1. The facts sought to be elicited from Craig by the' interrogatories, ares nót such as he' would be privileged from disclosing upon !a…
1Opinion of the CourtDargan, J.
I have sought in vain to find a precedent where a bill of discovery has been brought in aid of an action at law, to ¡recover damages for a tort done to the person of the plaintiff. In the case of Glynn v. Houston, 1 Keene, 329, it is said, both by the copnsel in argument and the court in delivering judgment, that no such case could be found. This, to my niipd is conclusive, that a plaintiff who has sued for a tort done to his person, cannot file a bill of discovery to compel the defendant to confess the comjnission of the ,tort.
2. But we think it settled by a previous decision of this court,…
2Cases cited1 opinion
- Mallory v. MatlockSupreme Court of Alabama · 1845
3Cited by4 opinions
- Reynolds v. Burgess Sulphite Fibre Co.Supreme Court of New Hampshire · 1902
- Larson v. Salt Lake CityUtah Supreme Court · 1908
- Ex Parte StateSupreme Court of Alabama · 1928
- Tuck v. CarlisleSupreme Court of Alabama · 1928