Marion National Bank v. Abell's Adm'r
Court of Appeals of Kentucky
Case 67 — PETITION EQUITY — APPEAL PROM MARION CIRCUIT COURT. 1.A banking institution, not a party to an action, can not be compelled to produce its books for the inspection of a party to the action who has no interest in them as a depositor.
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Case 67 — PETITION EQUITY — APPEAL PROM MARION CIRCUIT COURT. 1.A banking institution, not a party to an action, can not be compelled to produce its books for the inspection of a party to the action who has no interest in them as a depositor. (Smith v. Manon, 7 Mon., 236 ; Civil Code, section 528; Dickerson v. Talbott, 14 B. M., 66 ; 1 Green on Ev., 559-60, volume 3, section 305.) 1. An order granting a rule against a banking institution for an inspection of its books is not a final order, from which an appeal can be taken. 2. In an action in equity a witness may be compelled to produce in…
1Opinion of the Court
JUDGE BENNETT
delivered tiie opinion op the court.
The appellee, as the administratrix of her deceased husband, W. I. Abell, filed her petition in equity in the Marion Circuit Court against J. C. and H. B. Phillips as the surviving partners of her husband, in which she sought to set aside a settlement of the partnership business, made between the surviving partners and W. I. Abell’s committee, Cameron, who was appointed a short time before the death of Abell, and to recover a large balance due Abell’s estate as profits arising from said partnership business. It was claimed that these profits…
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