Ely v. Mowry
Supreme Court of Rhode Island
Bill IN Equity for an injunction and an account. On the respondent’s petition for a special order. The petition is as follows : “ Respectfully represents said Ezekiel F. Mowry, defendant in said cause: That in the preparation of his defence to said complainant’s bill, it is absolutely essential that he have access to the so-called receipt in complainant’s bill set out, with full opportunity, apart from the complainant or any one representing him, to inspect and test the same…
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Bill IN Equity for an injunction and an account. On the respondent’s petition for a special order. The petition is as follows : “ Respectfully represents said Ezekiel F. Mowry, defendant in said cause: That in the preparation of his defence to said complainant’s bill, it is absolutely essential that he have access to the so-called receipt in complainant’s bill set out, with full opportunity, apart from the complainant or any one representing him, to inspect and test the same as he may be advised. That for this purpose it is necessary that either some disinterested person have possession of…
1Opinion of the CourtMatteson, J.
The defendant applies by petition, under oath, for the appointment of some disinterested person to hold a receipt, purporting to be for money paid by the defendant to the complainant, set forth in the bill, with leave for him to have free access and opportunity at all reasonable times to inspect or test it, and to have photographic copies of it made. He alleges in the petition, that it is absolutely essential in the preparation of his defence to have such access and opportunity to inspect and test the receipt apart from the complainant, or any one representing him.
It appeared at the hearing…
2Cited by1 opinion
- General Products Co. v. Superior CourtSupreme Court of Rhode Island · 1954