J. H. Day Co. v. Mountain City Mill Co.

Citations

• 225 F. 622
• 1915 U.S. Dist. LEXIS 1290

Syllabus

<p>1. Courts <@=>351—Equity Rules—Discovery—Matters oe ' Inquiry—“Adversary.”</p> <p>Equity rule 58 (198 Fed. xxxiv, 115 C. C. A. xxxiv), providing that plaintiff, within 21 days after filing the bill, and defendant, within 21 days after joinder of issue, and either party thereafter by leave or court, may file interrogatories for discovery by the opposite party of facts and documents material to the support or defense of the cause, and that the court may make all orders appropriate to enforce answers or to effect the inspection or production of documents in the possession of either party, and containing evidence material to the cause of action or defense of his “adversary,” that is, the interrogating party, merely changes the procedure in reference to obtaining discovery, and extends the right to defendant, as well as plaintiff, but does not extend the right to either beyond the matters relating to his own ground of action or defense, though if they do relate thereto, he is not deprived of right of discovery thereof because they also pertain to the case of the other party.</p> <p>[Ed. Note.—For other cases, see Courts, Cent. Dig. § 924; Dec. Dig. <@=>351.]</p> <p>2. Courts <@=>351—Equity Rules—Discovery—Matters oe Inquiry—Material Facts. •</p> <p>Under equity rule 58 (198 Fed. xxxiv, 115 C. C. A. xxxiv), providing for discovery “of facts and documents material to the support or defense of the cause,” it must be limited to an inquiry as to material facts, and does not extend to a disclosure of evidence, or of facts which merely tend to prove the material facts.</p> <p>[Ed. Note.—For other cases, see Courts, Cent. Dig. § 924; Dec. Dig. <@=>351.]</p> <p><§=»For other cases see same topic & KEY-NUMBER in all Key-Nnmbered Digests & Indexes</p>