A Treatise on Discovery of Evidence

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Halsted and Voorhies, 1836 - Discovery (Law) - 316 pages
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Page 199 - I take the principle to be this : — A party has a right to the production of deeds sustaining his own title affirmatively, but not of those which are not immediately connected with the support of his own title and which form part of his adversary's. He cannot call for those which, instead of supporting his title, defeat it by entitling his adversary.
Page 282 - At the same time it has been the practice, which I hope never will be discontinued, for the officers of the Crown to throw no difficulty in the way of any proceeding for the purpose of bringing matters before a Court of justice, where any real point of difficulty that requires judicial decision has occurred.
Page 189 - All the family deeds together would not make his title better or worse. If he cannot set aside the will, he has nothing to do with the deeds.
Page 199 - Plaintiff here does not claim any thing positively or affirmatively under the documents in] question. He only defends himself against the claims of the corporation, and suggests that the documents evidencing their title may aid his defence. How? By proving his title, he says. But how can those documents prove his title ? Only by disclosing some defect in that of the corporation.
Page 29 - Plaintiff from a discovery as to the alleged equitable circumstances. He may, indeed, plead his release ; but he must in his plea generally deny the equity charged in the bill, and must also accompany his plea with a distinct answer and discovery as to every equitable circumstance alleged. "In such a case the issue tendered by his plea is, not the fact of his release, for that fact is admitted by the bill, but the issue is upon the equitable matter charged. Yet inasmuch as the principles of a Court...
Page 258 - ... may have had an interest, which he may have parted with, the plaintiff may require an answer sufficient to ascertain whether that is the fact or not; and if...
Page 178 - It seems plain that the course of justice must stop if such a right exists. No man will dare to consult a professional adviser with a view to his defence, or to the enforcement of his rights. The very case which he lays before his counsel, to advise upon the evidence, may, and often does, contain the whole of his evidence...
Page 142 - ... could he apprehend, that they were daily and hourly living in the violation of the law of the country in so acting, and that they kept this violation lurking in the background, to be brought forward, by way of defence, against the just demands of those, whose confidence they invited and abused. If a Court of Equity gives effect to a defence so constituted, I do not know, that there can be any reason, why an executor or administrator, who has made oath duly to administer the assets, and executed...
Page 267 - ... his benefit in the transaction of his business, or, which amounts to the same thing, if they commit to paper, in the course of their employment on his behalf, matters which they know only through their professional relation to the client, they are not only justified in withholding such matters, but bound to withhold them, and will not be compelled to disclose the information or produce the papers in any court of law or equity, either as party or as witness.
Page 39 - Plaintiff's charging, as evidence of his Title, the particular Matters as to which he seeks a discovery from the Defendant. Unless the Defendant is distinctly informed by the Plaintiff what are the particular matters affecting his Title, as to which he seeks such Discovery, the Defendant, not knowing what he is expected to answer, is not to answer at all.

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