Mills v. Lumber Co.
Supreme Court of North Carolina
ActioN by W. A. Mills against Biscoe Lumber Co., heard by Judge R. B. Peebles, on July 29, 1905, on appeal from an order made by the clerk in an action pending in the Superior Court of MontgombRY County. From an order reversing the order of the clerk, the defendant appealed.
1Opinion of the CourtClare, C. J.
The Code, section 578, provides that the court, i. e., clerk (Code, section 132), or judge, “may in their discretion and upon due notice order either party to give to the other, within a specified time, an inspection and copy, or permission 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.” This was a motion in the cause by the defendant before the clerk for an inspection of papers, etc., of that nature in possession of the plaintiff. The clerk made an order re quiring the…
2Cited by1 opinion
- Burleson Mica Co. v. Southern Express Co.Supreme Court of North Carolina · 1921