Post & Co. v. Toledo, Cincinnati, & St. Louis Railroad

This is a hill in equity, brought by a corporation organized under the laws of the State of Ohio, and it seeks discovery only. There is no doubt that such a bill is within the jurisdiction of the court. Pub. Sts. c. 151, § 2, cl. 14; c. 198, §46. St. 1883, c. 223, § 10.

The statutory provisions whereby parties are made competent witnesses, and are permitted in suits at law or in equity to obtain from each other the discovery of facts and documents by filing interrogatories, have not taken away the jurisdiction of the court to entertain bills of discovery, although they may affect the exercise…