Metler v. Metler's Administrators

The opinion of the court was delivered by

Dalrimple, J.

The bill in this case, is for discovery in aid of a defence to an action at law, and for relief. The relief sought is a perpetual injunction, restraining the defendants from prosecuting the suit at law, and for a decree that the note upon which *458the. action at law is founded, be delivered up to the complainants. The defendants have filed a general demurrer, and assign as special cause of demurrer, that the defendants, being husband and Wife, cannot be compelled to make discovery of facts which may be used against each other.

The allegations…