Phœnix v. Dupuy

Citations

• 7 Daly 238
• 2 Abb. N. Cas. 146

Syllabus

<p>The right of a party under § 391 of the (old) Code of Procedure to examine his adversary before trial, is not absolute, and such an examination will not be allowed in a case where, by the established rule before the Code, a bill for a discovery would not have been sustained in equity.*</p> <p>The rule in equity was, that a party could not be compelled to discover any matter which might subject him to a penalty, a forfeiture, or a criminal prosecution, and accordingly held that a defendant could not, 'under § 391 of the (old) Code of Procedure, be examined, as to whether he had published an alleged libel against the plaintiff.</p> <p>The practice in equity as to bills of discovery and the various constructions placed upon § 391 of the Code reviewed. Per Charles P. Daly, Chief Justice.</p>