Noonan v. Orton

This is a motion made on behalf oi the respondent (the plaintiff) to dismiss the appeal in this action, which appeal is from an order requiring the appellants (defendants) to give him an inspection and copies of certain papers and documents in their possession. The ground of the motion is that such order is not appealable.

Formerly the remedy given by this order was the proper subject-matter of a suit in equity for a discovery. But that method of obtaining a discovery has been abolished, and the one pursued in this case adopted in its place. R. S., ch. 137, secs. 54 and 98. Such discovery is…