Emerson v. Universal Products Co.

The Chancellor:

The second ground of demurrer raises the point that the complainant can secure the relief of discovery here sought by appropriate application to the Superior Court in the action there pending.

*191Section 4228, Revised Code of 1915, provides as follows:

“At any time during the pendency "of actions at law, the Court, on motion and due notice thereof, may order a party to produce books, or writings, in his possession, or control, which contain evidence pertinent to the issue, under circumstances in which the .production of the same might be compelled by a Court of Chancery; and the…