Leib v. American National Mortgage Co.

The question here involved was passed upon by thiá Court in Kelly v. Mutual Life Benefit Assn., 15 Del. (1 Marv.) 183, 40 A. 954, decided in November, 1893.

The statute at the time of the cited decision provided:

“In the trial of actions at law, the court on motion and due notice thereof, may order a party to produce books, or writings, in his possession or control, which contain evidence pertinent to the issue, under circumstances in which the production of the same might be compelled by a Court of Chancery." Rev. Code 1852, as amended to 1893, p 799.

*253It was determined that the statute meant…