Lester v. People

Citations

• 150 Ill. 408
• 23 N.E. 387
• 1890 Ill. LEXIS 1008

Syllabus

<p>1. Constitutional law — seizure of party’s books and papers. While an order for the production of a party’s books on the trial, to be used as evidence, in proper cases and upon proper showing, is not an unreasonable seizure of such books, an order of court by which they are taken from his custody and committed to that of a third person, for an indefinite period of time, for an inspection, generally, into all his affairs by the opposite party and his counsel, with leave to take copies of the entries therein, is unwarranted by the law, and is a palpable violation of the constitutional right of a party to be secure against unreasonable seizure of his papers and effects.</p> <p>2. Statute construed — relating to production of papers and books. The purpose and design of section 9, chapter 51, of the Revised Statutes, are to furnish to a party litigant a speedy and summary mode by which a party, under the order of the court, may obtain written evidence pertinent to the issue, which is in the possession and control of his adversary, and thus obviate the necessity of a bill of discovery seeking the same end.</p> <p>3. This section contemplates the production of evidence on the trial of the cause which the party applying therefor is entitled to introduce in support of his case, and which the other party withholds. A defendant is not required to disclose matters of evidence relied upon in the defense, and thus inform the plaintiff of his case further than the ■ pleadings show. Matters purely of defense are the property rights of the defendant, which he may disclose or not upon the trial.</p> <p>4. Under the statute the court has power to compel the production of the books of a party, to be used in evidence on the trial by his adversary, upon proper showing that they contain entries tending to prove the issues; but the statute can not be construed as giving the court power and authority to take the books and papers of the party and impound them with an officer of the court