Buckner v. Ferguson

Citations

• 44 Miss. 677

Syllabus

<p>1. Bui, of discovery — Afeidavit—Peactice.—A bill o'f discovery must be for matters which lie in the knowledge of the defondant only, and should call for something which it is not in the complainant’s power to set out in his bill; and a hill of •discovery merely, may be maintained without being sworn lo. Mitford’s Eq. PI., 55 ; Cooper’s Eq. PI., 61; Story’s Eq. PI., 282, § 288; Barbour’s Oh. Pr., 106.</p> <p>2. Same — Eor what torróse it will lie — Allegations.—The pendency of an action at law is not always necessary to the maintenance of a hill of discovery. The bill must state that the discovery is asked for the purpose of some suit brought, or intended to be brought; setting forth with reasonable certainty the nature of the suit, or the nature of the claim or right to support which the suit is intended to be brought, and particularly against whom.</p>