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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 687   View pdf image (33K)
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DUVALL v. THE FARMERS' BANK. 687

therefore prayed, that the bank might be ordered to produce either
the original books, writings, and papers, or copies of such parts of
them, certified by a justice of the peace, as contain evidence perti-
nent to the issue or relative to the matters in dispute between the
parties.

11th October, 1830.—BLAND, Chancellor.—It is required and
Decreed, that the President, Directors and Company of the Far-
mers5 Bank of Maryland, on or before the first day of the next
term of Anne Arundel County Court, produce, on oath, by the
cashier of the said institution, either the original books, writings,
or papers, or copies thereof, certified by a justice of the peace, as
prayed; provided, that a copy of this order, together with a copy
of the said petition, be served on the president or cashier of the
said institution on or before the 15th instant; and provided also,
that any cause shewn against the execution of this decree may be
heard on the 21st instant.

The bank, by its answer, filed on the 12th of October, 1830,
shewed cause and insisted, that, before it could be required to pro-
duce their books and papers as ordered, the petitioner should spe-
cify the particular extract, or writings, or paper which he supposes
would be pertinent to the issue in the said cases, without which it
would be impossible for it to comply with the order; and it
alleged, that it was not aware of any paper being in its possession
which would be of service to the petitioner in defending the said
suits; or indeed of the defence which he intended to make.

23d October, 1830.—BLAND, Chancellor.—This case standing
ready for hearing, and having been submitted by the plaintiff on
the petition and answer alone, the proceedings were read and con-
sidered.

This is a proceeding under the special provisions of the act of
assembly, which authorizes this court to require the production of
books and papers relative to the matter in issue on a bill instituted
in this court, or on the trial of any action at law. (a) In all such
cases it should appear, that the applicant has an interest in the
document for that special purpose; (b) and the petition should,
with some reasonable degree of certainty, designate the books and
papers wanted, if practicable, by their marks, number and names;
and also should specify the facts expected to be proved by them at

(a) 1798, ch. 84; McMechen v. McLaughlin, 4 H. & McH. 166.— (b) Wigram
on Discovery, 199; Calvert on Parties, 10.

 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 687   View pdf image (33K)
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