Kelly v. Mutual Life Benefit Ass'n
Superior Court of Delaware
This was an application for an order upon the defendant to produce the application for insurance, upon which a life insurance policy had been issued and upon which policy this suit was brought, based upon an affidavit alleging that the application for insurance contained matter pertinent and material to the time and was in the possession of the defendant. The narr had not been filed.
1Opinion of the CourtLore, C. J.
The application is on the part of the plaintiff to compel the production of certain papers by the defendant. Suit was brought to the September term, 1892, but no narr has been filed amd the case is therefore not at issue, and stands upon summons and appearance.
The statute under which this application is made is in these words:
‘1 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…
2Cited by1 opinion
- Leib v. American National Mortgage Co.Superior Court of Delaware · 1925