Cases in Equity Pleading
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Page Wood. The practice of the court as to production is well settled, and is quite consonant with reason and justice. Even where the question arises on the answer, the court has refused to compel a defendant to set out accounts of profits where the alleged partnership is denied, because a mere ac- count of profits cannot affect the question whether he is a partner or not. The plaintiff is entitled to all such discovery and to the produc- tion of all such documents as are necessary to make out ...his case at the hearing; and if he should fail in that, any account of the profits of the business would become useless and improper; and it would be unjust to the defendant to compel him to disclose such particulars to a person who, in the event supposed, would have had no interest in the ■discovery.
1 8 K. & J. 388. 2 3 Bro. C. C. 487, n. ; 2 Cox, 282.
» 3 Ves. 446. « 8 Hare, 106, 115.
6 3 MoN. & G. 343. » 3 My. & Cr. 526.
' Pages 221, 812. » 8 Jur. n. s. 300.
342 MANSELL V. PEBNET.
Even upon the answer, therefore, a defendant cannot be called upon to set out what has no possible bearing on the issue to be tried at the hearing.
What to read after Cases in Equity Pleading?
You can find similar books in the "Read Also" column, or choose other free books by C C Christopher Columbus Langdell to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Page Wood. The practice of the court as to production is well settled, and is quite consonant with reason and justice. Even where the question arises on the answer, the court has refused to compel a defendant to set out accounts of profits where the alleged partnership is denied, because a mere ac- count of profits cannot affect the question whether he is a partner or not. The plaintiff is entitled to all such discovery and to the produc- tion of all such documents as are necessary to make out ...his case at the hearing; and if he should fail in that, any account of the profits of the business would become useless and improper; and it would be unjust to the defendant to compel him to disclose such particulars to a person who, in the event supposed, would have had no interest in the ■discovery.
1 8 K. & J. 388. 2 3 Bro. C. C. 487, n. ; 2 Cox, 282.
» 3 Ves. 446. « 8 Hare, 106, 115.
6 3 MoN. & G. 343. » 3 My. & Cr. 526.
' Pages 221, 812. » 8 Jur. n. s. 300.
342 MANSELL V. PEBNET.
Even upon the answer, therefore, a defendant cannot be called upon to set out what has no possible bearing on the issue to be tried at the hearing.
What to read after Cases in Equity Pleading?
You can find similar books in the "Read Also" column, or choose other free books by C C Christopher Columbus Langdell to read onlineMoreLess
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