Loft, Inc. v. Guth

The Chancellor:

In his book on the Law of Discovery, Sir James Wigram laid down two main propositions. The second of these is in part as follows:

“ * * * the right of a plaintiff in equity to the benefit of the defendant’s oath, is limited to a discovery of such material facts as relate to the plaintiff’s case — and does not extend to a discovery of the manner in which, or of the evidence by means of which, the defendant’s case is to be established, or to any discovery of the defendant’s evidence.” Wigram on Law of Discovery, star page 90.

This principle is as applicable today in courts of…