Chesson v. Washington County Bank

The order of examination, from which the defendants appeal, was entered on motion in the cause, made by plaintiffs under authority of C. S., 900 et'seq., to procure information for the drafting of their complaint.

According to the decisions, dealing directly with the subject, it has been held that, after the commencement of an action, a preliminary examination of the defendant may be had by the plaintiff, (1) before filing complaint, if it be made to appear that such is necessary to enable the plaintiff to draft his complaint (Holt v. Warehouse Co., 116 N. C., 480) ; and (2) after pleadings…