Bull v. Edward Thompson Co.

1. The mere failure of a plaintiff to produce writings in response to a notice served under section 3509 of the code does not entitle the defendant to a judgment as in ease of nonsuit. There must first be an order of court requiring the party notified to produce the papers, and a failure or refusal to comply therewith; and the court should not grant such an order when the defendant’s counsel refuses to state how the papers in question are material. Parish v. Weed Sewing Machine Company, 79 Ga. 682; Hamby Mines Limited v. Findley, 85 Ga. 431; Stiger v. Monroe, 97 Ga. 479.

2. There'was no error…