Bradford v. Indiana Harbor Belt R.

(after stating the facts as above).

The interrogatories submitted purport to be in accordance with equity rule No. 58, which authorizes parties to a bill in chancery to file interrogatories for discovery from the opposite party of facts and documents material to the support or defense of that action. Here the discovery sought is not in support or defense of the action wherein it is asked, but of a suit at law, and rule 58 does not apply. But the reference to rule 58 may be discarded as surplusage, leaving the inquiry whether the bill, dismissed on appellee’s motion, is under the indicated…