Legal Opinion

Empire Box Corp. of Stroudsburg v. Illinois Cereal Mills

Superior Court of Delaware

Decided July 9, 1952No. 591PublishedCited by 14 opinions

1Opinion of the Court

Terry, J.:

In relation to the interpretation of privilege to be afforded under Rule 34 it should be said that no substantive right accrues to the parties to any litigation by reason of the adoption thereof. The aspects of the rule are entirely procedural. Thus, the question of policy becomes the dominating factor insofar as interpretation of the rule in relation to its application.

The rule in this State importing the Law-Privilege Doctrine to documents prepared with a bona fide intention of laying the same before an attorney for the purpose of taking his advice in relation to intended action,…

2Cases cited3 opinions

  1. Lewis v. United Air Lines Transport CorporationDistrict Court, W.D. Pennsylvania · 1940
  2. Sachs v. Aluminum Co. of AmericaCourt of Appeals for the Sixth Circuit · 1948
  3. Winter v. Pennsylvania RailroadSuperior Court of Delaware · 1949

3Cited by14 opinions

  1. Riggs National Bank of Washington, D. C. v. ZimmerCourt of Chancery of Delaware · 1976
  2. Graham v. Allis-Chalmers Manufacturing Co.Court of Chancery of Delaware · 1963
  3. Graham v. Allis-Chalmers Manufacturing CompanySupreme Court of Delaware · 1963
  4. Kemeny v. SkorchAppellate Court of Illinois · 1959
  5. Frank C. Sparks Company v. Huber Baking CompanySuperior Court of Delaware · 1955

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