Woods v. Barton

This controversy involves the right of the plaintiffs before issue was joined to examine a defendant who denied possession of certain property in an action in replevin when the sheriff made a demand therefor. It is admitted by respondents that this is not an examination before trial and that the rules governing such an examination do not apply.

The respondents contend that there is an inherent power in the court to direct such an examination. The appellant contends that the court is without such power, that such an examination may be granted only by statutory authority, and that neither…