Kohler v. J. A. Jones Construction Co.

The procedure prescribed in G.S. 1-568.1 through G.S. 1-568.27 is the only procedure by which a plaintiff can compel the officers of a defendant corporation to submit to his adverse examination of them prior to the trial of the action. G.S. 1-568.8. The plaintiff may procure an order for such examination of the officers of his corporate adversary, prior to the filing of his complaint, only by showing “that the examination is necessary to enable him prop*191erly to prepare his complaint.” G.S. 1-568.9. In such affidavit the plaintiff must show “that, in order to prepare his complaint * * * it is…