Cases Argued and Decided in the Supreme Court of Mississippi Volume 80

Cases Argued and Decided in the Supreme Court of Mississippi Volume 80

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903 edition. Excerpt: ...the court may make for an inspection shall be made "on good cause shown." Such preliminary is by the statute made a condition precedent Y0 the right of the court to make any order whatever. The 0211150 had been on the 28th of August, 1898, referred to the 00111' missioner to state an account. Afterwards the complainant made a written motion for the order. The court will see tllfll it is a mere pleading, signed by the solicitor for the complainant, and is not sworn to or proven in any way. Even under the statutes which do not in express terms 1'0 quire that cause shall be shown for the making of orders B-kill to this, and which are much less drastic than is this, in that they only authorize orders requiring the production of lJ00k5 and papers on the trial of a cause, it has been commonly held that still cause must be shown; and such requirement is 11t met by a mere unsworn pleading containing averments drawn by astute counsel. To permit a showing of this nature by Will' of fulfillment of the statutory requirement, or by WHY f f"1' fillment of the requirement which the court imports into Such statutes by construction, would be to nullify the Teqlliremem itself, to all practical intent and purposes; and it Wflllid 1&7 bare the privacy of every litigant's financial affairs at the mere turn of an adroit lawyer's pen. 6 Enc. Pl. and PT-1 p. 807, par. j. Furthermore, not only is this application a mere pleading and not under oath, but it does not show either the materiality of the testimony which is to be Obtained by the proposed ip. 5Peti11 1' the necessity for such inspection. The 001110 'V111 remember that the original bill avers that complainant is not able to state with accuracy more

Product details

  • Paperback | 316 pages
  • 189 x 246 x 17mm | 567g
  • United States
  • English
  • black & white illustrations
  • 1236824210
  • 9781236824219