Evans v. Seaboard Air Line Railway Co.
Supreme Court of North Carolina
Appeal by plaintiff from Lane, J., at October Term, 1914, of ANSON. ■ Appeal from tbe refusal of tbe trial judge to order inspection, etc., of a paper-writing upon motion made under section 1656 of tbe Revisal. IJpon affidavit, tbe plaintiff moved under section 1656 of tbe Revisal for the production of a certain paper-writing, alleged to be in the possession of the defendant, described in the affidavit as a written report known as Form No. 408. Iiis Honor denied tbe motion.
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Appeal by plaintiff from Lane, J., at October Term, 1914, of ANSON. ■ Appeal from tbe refusal of tbe trial judge to order inspection, etc., of a paper-writing upon motion made under section 1656 of tbe Revisal. IJpon affidavit, tbe plaintiff moved under section 1656 of tbe Revisal for the production of a certain paper-writing, alleged to be in the possession of the defendant, described in the affidavit as a written report known as Form No. 408. Iiis Honor denied tbe motion. Tbe plaintiff appealed.
1Opinion of the CourtBbown, J.
This motion is made under the following statute :
“SectioN 1656. Inspection Before Trial. Tbe court before which an action is pending, or a judge thereof, may in their discretion and upon due notice order either party to give to the other within a specified time an inspection and a copy, or j>ermission to take a copy, of any books, papers, and documents in his possession or under his control, containing evidence relating to the merits of the action or the defense therein. If compliance with the order be refused, the court on motion may exclude the paper from being given in evidence, or punish…
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