Rigdon v. Conley
Appellate Court of Illinois
In error to the Superior Court of Cook County; the Hon. John P. Altgeld, Judge, presiding. An action was brought by John W. Conley against C. W. Rigdon to recover an amount alleged to have been paid to relieve certain property purchased by Conley from Rigdon of an incumbrance which Rigdon ought to discharge.
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In error to the Superior Court of Cook County; the Hon. John P. Altgeld, Judge, presiding. An action was brought by John W. Conley against C. W. Rigdon to recover an amount alleged to have been paid to relieve certain property purchased by Conley from Rigdon of an incumbrance which Rigdon ought to discharge. Rigdon fi'ed a plea of set-off claiming that Conley was indebted to him in some $7,000. On the trial, wdiich took place on May 29, 1888, Conley contended that he had paid the $7,000 claimed by Rigdon asa set-off, to the firm of John W. Rumsey, for the use of Rigdon, in compliance with…
1Opinion of the CourtMoran, J.
We are of opinion that the court erred in refusing to order the production of the books on the motion made May 28th, before the trial, and supported by the affidavit set out in the statement of facts. Sec. 9, Chap. 51, E. S., provides: “The several courts shall have power, in any action pending before them, upon motion, and good and sufficient cause shown, and reasonable notice thereof given, to require the parties or either of them to produce books or writings in their possession or power, which contain evidence pertinent to the issue.”
The power given by this section is in furtherance of…
2Cases cited1 opinion
- Pynchon v. DayIllinois Supreme Court · 1886
3Cited by3 opinions
- Swedish-American Telephone Co. v. Fidelity & Casualty Co. of New YorkIllinois Supreme Court · 1904
- Cornflower Entertainment, Inc. v. Salt Lake City Corp.District Court, D. Utah · 1980
- Rigdon v. ConleyAppellate Court of Illinois · 1892