Terry v. Stull

The Chancellor :

The interrogatories were filed under Rule 34 of this court. That rule was patterned very largely after Rule 58 of the Federal Equity Rules (28 USCA § 723). Mackenzie Oil Co. v. Omar Oil & Gas Co., 13 Del. Ch. 307, 119 A. 124. The Federal Courts have held that the 5Sth Equity Rule was intended merely to change the procedure in reference to obtaining discovery and to extend the right to a defendant as well as to a complainant; it never was intended to disturb the principles prevailing in the old practice, both American and English, governing the subject matter and the extent to…