Fox v. Derrickson

Citations

• 30 Del. 129
• 7 Boyce 129
• 104 A. 155
• 1918 Del. LEXIS 32

Syllabus

<p>1. Discovery—Production of Writings—-Application—Showing Necessity for Production.</p> <p>Where application is made for order requiring adverse party to produce books or writings pertinent to the issue/ under Rev. Code 1915, § 4228, it must appear from application that documents sought contain material evidence pertinent to issue.</p> <p>2. Discovery—Production of Writings—Right to Inspection—Materiality.</p> <p>Under Rev. Code 1915, § 4228, providing that court, upon application of party to an action, may order production of writings or books in possession of adverse party, papers and books will be ordered whenever court can fairly suppose facts disclosed by them can be in any way material to cause of action or defense; it being unnecessary that such facts shall in themselves constitute cause of action.</p>