Eschbach v. Lightner
Court of Appeals of Maryland
Appeal from the Circuit Court of Baltimore City. The facts are sufficiently detailed in the opinion of the Court. The petitions for discovery and production of books should have been granted; the petition for discovery is one thing — the production of books discovered is another. In any Chancery cause, petitions and interrogatories to be answei’ed under oath, can be respectively exhibited by either party against the other.
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Appeal from the Circuit Court of Baltimore City. The facts are sufficiently detailed in the opinion of the Court. The petitions for discovery and production of books should have been granted; the petition for discovery is one thing — the production of books discovered is another. In any Chancery cause, petitions and interrogatories to be answei’ed under oath, can be respectively exhibited by either party against the other. Books cannot be named otherwise than calling them ledgers, &c.; and if an agent keeps books containing his principal’s accounts, they are to that extent the principal’s…
1Opinion of the CourtMiller, J.
The appeal from the final decree, dismissing the bill, presents for review the propriety of the previous interlocutory orders passed upon the petitions of the complainant for discovery and the production of books. The English Chancery practice on this subject has, to some extent, been modified by statutory provisions in this State. By the Code, Art. 16, secs. 20, 21, power is conferred upon the Courts of Equity, on the application of either party on the trial of any actions at law, or suits in chancery, either for discovery or relief, to require and decree that the parties shall produce…
2Cited by6 opinions
- Hill v. PinderCourt of Appeals of Maryland · 1926
- Eastern States Corp. v. EislerCourt of Appeals of Maryland · 1943
- Grand Lodge of the Ancient Order of United Workmen v. Webster County District CourtSupreme Court of Iowa · 1911
- Newcomer v. MillerCourt of Appeals of Maryland · 1934
- Marietta Manufacturing Co. v. Hedges-Walsh-Weidner Co.Superior Court of Delaware · 1938
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