Dale v. Fidelity & Casualty Co.

This is an appeal from a decree permanently enjoining and restraining the appellant, Richard B. Dale, from taking the testimony of certain witnesses before a commissioner in chancery, pursuant to Code, § 8-317, with respect to an accident in which the appellant had theretofore been injured.

The bill for the injunction alleged that the appellant had filed a, petition, addressed to a commissioner in chancery of the lower *666court, representing that he was seriously injured in an accident in the city of Norfolk on July 11, 1961; that he was desirous of perpetuating the testimony of certain witnesses…