Atlantic Coast Line Railroad v. Daugherty

Eberhardt, Judge.

At common law no man was bound to furnish evidence to be used against himself. The privilege before trial of inspecting documents, articles, and the like in possession of an adversary was simply not accorded a litigant. These could be obtained at the time of trial by the giving of a notice to produce—the penalty for failing to produce being the admission of secondary evidence, but discovery was available only by means of a bill in equity.

In this State the equitable proceeding, itself a somewhat cumbersome thing clothed with restrictions and technicalities, has been used but…