McGeary v. Brown
South Dakota Supreme Court
Appeal from Circuit Court, Hughes County. Hon. Lyman T. Boucher, Judge. Suit by Annie M. McGeary against Ella' M. Brown and others. From an order permitting plaintiff to examine the books of defendant (Corporation, and from an order continuing the order for examination, defendants appeal. Neither at law or in equity has a party a right to make a general Isearch and examination for evidence among the private books and papers of his adversary.
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Appeal from Circuit Court, Hughes County. Hon. Lyman T. Boucher, Judge. Suit by Annie M. McGeary against Ella' M. Brown and others. From an order permitting plaintiff to examine the books of defendant (Corporation, and from an order continuing the order for examination, defendants appeal. Neither at law or in equity has a party a right to make a general Isearch and examination for evidence among the private books and papers of his adversary. The-party should be examined as witness. Brevoort v. Warner, 8 How. Pr. 321; Stalker v. Gaunt, 12 N. Y. Eeg. Obs. 132; Commercial Bk. v. Dunham, 13 How.…
1Opinion of the CourtWhiting, J.
Respondent, plaintiff in the lower court, brought this action and applied- for the appointment of a receiver pending the suit; and motion for the receiver being based upon the summons and complaint and upon affidavit executed upon behalf of the plaintiff. The complaint does not appear in the record on appeal, but from said affidavit it would appear that the plaintiff was the niece of the defendant Ella M. Brown; that she was the niece of Joseph O. Brown; that he had died some four years prior to the commencement of this action; that while living he was the owner *576of 150 shares of the preferred…
2Cases cited5 opinions
- Hart v. Ogdensburg & Lake Champlain RailroadNew York Supreme Court · 1893
- Kirkpatrick v. Pope Manuf'g Co.District Court, D. Connecticut · 1894
- Martin v. W. J. Johnston Co.New York Supreme Court · 1891
- Phelps v. Atlantic & Pacific Telegraph Co.Wisconsin Supreme Court · 1879
- Rutter v. Germicide Co.New York Supreme Court · 1893
3Cited by2 opinions
- Strauss v. Superior CourtCalifornia Supreme Court · 1950
- Atchison, Topeka & Santa Fe Railway Co. v. Superior CourtCalifornia Court of Appeal · 1961