A Treatise On Equity Jurisprudence : As Administered in the United States of America, Adapted for All the States And to the Union of Legal And Equitable Remedies Under the Reformed Procedure

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obtained in a separate suit without 182 EQUITY JUEISPBUDENCE.
plaintiff therein, in order to obtain evidence material to his cause of action or to his defense, as the case may be, and this is undoubtedly its most common purpose;' also by the defend- ant in a suit in equity, in the form of a cross-bill against the complainant therein, in order to obtain a disclosure of facts necessary to enable him properly to frame his answer to the origiual bill, or to obtain a disclosure of facts material as
...evi- dence on his behalf at the hearing upon the original bill and answer thereto f and also, under some circumstances, by the moving party or petitioner in some proceeding in a court of equity to avoid the necessity or to escape the difficulty of pro- curing the evidence in that proceeding.^ It is not, however, essential to a bill of discovery that it should be the onhj means which the complainant therein has of procuring evidence in support of his collateral cause of action or defense; that is, it is not necessary that the complainant should otherwise be des- titute of proof or of the means of obtaining it.

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