Points in the Law of Discovery

Cover Points in the Law of Discovery
Points in the Law of Discovery
James Wigram
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But, in order that a defendant may in such a case know Avhat is the particular discovery which the plaintiff requires from him, it is incumbent upon the plaintiff' distinctly to state it in the bill; and the common form of doing this is, by the 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 s...eeks such discoveiy, the defendant, not knowing what he is expected to answer, is not to answer at all. " " The plaintiff' in the present bill gives no distinct information to the defend- ant that he seeks any discovery from him, for the pur- pose of establisliing the existence of the debt. The defendant's plea, therefore, of no debt, was a full 1}ar to the whole discovery, as well as to the rehcf ; and the defendant as much overruled his plea by answering to the debt, as he would have overruled it by answering to 1 10 SECOND PROPOSITION.

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