Dunlap v. London Guaranty & Accident Co.

In the courts of common law the plaintiff was required to make out his case by the evidence of witnesses or the admissions of the defendant. The right to enforce discovery was a prerogative of the Court of Chancery. By the exercise of this right the court provided effectual means of ascertaining the truth with justice to the plaintiff and without wrong to the party examined. The plaintiff was entitled to the discovery of all facts material to' his case, but the question of materiality was largely determinable by tbe plaintiff’s interrogatories and tbe statement in bis bill. Tbe defendant was…