Fields v. . Coleman
Supreme Court of North Carolina
Appeal by plaintiff from judgment of Webb, J., made at chambers on 18 April, 1912; from Wake. This is an appeal from a judgment of the Superior Court of Wake County, confirming an order of the clerk, revoking an order for the examination of parties defendant, and recalling the subpoena chaces tecum that was issued with the same.
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Appeal by plaintiff from judgment of Webb, J., made at chambers on 18 April, 1912; from Wake. This is an appeal from a judgment of the Superior Court of Wake County, confirming an order of the clerk, revoking an order for the examination of parties defendant, and recalling the subpoena chaces tecum that was issued with the same. The order revoked was made upon affidavit for the examination of the defendants, and with a view particularly to obtaining two certain letters alleged to have been written by defendant Coleman to one Lovie Pitts, the plaintiff alleging that knowledge of the contents…
1Opinion of the CourtAlleN, J.
The plaintiff is not asking for an examination' of the defendants, after pleadings filed, preparatory to a trial, but that may examine them to elicit certain information to enable him to file his complaint, and, as was said by Justice Walker in Bailey v. Matthews, 156 N. C., 81: “In a proceeding of this kind, it is of the first importance that the application for an order of examination should be under oath, stating facts which will show the nature of the cause of action, so that the relevancy of the testimony may be seen and the court may otherwise act intelligently in the matter, and it…
2Cases cited1 opinion
- Bailey v. . MatthewsSupreme Court of North Carolina · 1911
3Cited by13 opinions
- Chesson v. Washington County BankSupreme Court of North Carolina · 1925
- Knight v. . LittleSupreme Court of North Carolina · 1940
- Jones v. Union Guano Co.Supreme Court of North Carolina · 1920
- Monroe v. . HolderSupreme Court of North Carolina · 1921
- Johnson v. Harriet Mills, Inc.Supreme Court of North Carolina · 1928
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