Exchange Nat. Bank of Atchison v. Washita Cattle Co.

THAYER, District Judge.

This is a motion by the plaintiff to obtain an inspection of the defendant’s books and permission to take copies of entries therein, the case being now at issue. The jurisdiction to make such an order must be derived from section 724, Rev. St. U. S. as the state statute is not applicable. Gregory v. Railroad Co., 10 Fed. 529. The statute (section 724) says nothing about an order for the inspection of papers and permission to take copies of entries, etc., but it must be presumed that the purpose of compelling a party to produce his books is to enable the opposite party…