Cutter v. Pool

The plaintiff applies on motion, in pursuance of section 388 of the Code of Procedure, for an inspection and copy of defendant’s books of account. This section, which enlarges the remedy for obtaining discovery of evi*312deuce, has been decided to be auxiliary to, and not a substitute for, the provisions of the Revised Statutes.

In the repealing act, passed June 5, 1877, section 388 of the old Code is repealed, the same not being mentioned in the sections therein excepted from repeal.

The remedy sought must now be had under sections 803 to 808 of the Code of Civil Procedure, which are a virtual…