The Law And Practice Relating to Discovery By Interrogatories Under the Common L
The Law And Practice Relating to Discovery By Interrogatories Under the Common L
William Comer Petheram
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And the right of a plaintiff to dis- coveiy is in all cases confined to the question or ques- tions in the cause, which, according to the pleadings and practice of the courts, is or are about to come on for trial. " — Wigram 07i Discovery, p. 17, 2nd ed. This proposition has been adopted by the courts of common law vmder the form, that the interrogatories sought to be administered under the 51st section must be relevant to the matter in dispute, and the learning 42 AN EXPOSITION, ETC contained ...in that chapter of the work above men- tioned which discusses that proposition, will be found of great assistance in considering this branch of the subject. In the first case which was decided on the section, Martin v. Fleming, 10 Exch. , 478, 24 L. J. , 3 Ex. , Parke, B. , said : " We must be satisfied of the relevancy of the interrogatories, " and since then the rule has never been doubted. It will be found to have been acted upon in Rohson v. Cooke, 2 H. & N. , 766; Adams v. Lloyd, 3 H, & N.
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