The Principles And Practice of Discovery : With An Appendix of Forms And Suggested Forms for Stating Objections to Discovery

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P. 222, an action for libel, the plaintiff applied for inspection of the document alleged to contain the libel. 'The court (Coleridge, C. J. and Grove, J. — Brett, M. E. diss.) considering them- selves bound on an application under section 6 of 14 & 15 Vict. o. 99, by what they believed to be the practice in equity, namely that a bill for such discovery would have been demurrable either as being in aid of an action for libel (see ante, p. 318), or as showing on the face of it that it would expo...se the defendant to criminal proceedings (see ante, p. 318), refused to insist upon an afiidayit by the defendant that its production would tend to expose him to an indictment as a condition of protecting it, though it seems the decision would have been otherwise if application had been made under sect. 50 of the C. L. P. Act, 1854, in respect of which (see ante, p. 9) they were not bound by the practice in equity.
Interrogatories by Defendant.
Osborn v. London Dock Co. 10 Exch. 698 (action for detinue and trover)— inquiring into matters which might be made the subject of an indictment for fraud— allowed by analogy to the case of the witness who must take the .


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