Lesser v. Henry

Citations

• 50 Pa. Super. 440
• 1912 Pa. Super. LEXIS 71

Syllabus

<p>Equity — Jurisdiction—Discovery in aid of action at law.</p> <p>1. Discovery in aid of a suit or defense at law is much favored in equity. It is important to the just- determination of issues, that all material facts should be submitted to the consideration of the tribunal which is ultimately to pass upon the case. Where a party appeals to the conscience of his opponent to discover facts lying within his knowledge, it must be some strong equity, or stringent rule of policy that should form a bar to the discovery.</p> <p>2. It is not competent for the defendant in a bill of discovery in aid of an issue at law, to deny the truth of the principal fact upon which is based the plaintiff’s right to recover, and to decline answering as to matters which tend to prove the truth of the fact so denied; he must make discovery as to all matters which tend to prove the plaintiff’s case in the issue at law.</p> <p>3. The remedy of a bill in equity for discovery in aid of a suit or defense at law has not been displaced by the Act of February 27, 1798, 3 Sm. L. 303, which gives to the common-law courts a power to compel by rule the production on the trial of books, papers, documents, etc.</p>