The right of a plaintiff in equity to the benefit of the defendant's oath, is limited to a discovery of such material facts as relate to the plaintiff's case, — and does not extend to a discovery of the manner in which the defendant's case is to be... The New South Wales Law Reports, 1880-1900 - Page 21by New South Wales. Supreme Court - 1890Full view - About this book
| Joseph Story - 1838 - 660 lehte
...plaintiff's case, and which the defendant does not by his form of pleading admit." He adds (p. 90), " The right of a plaintiff in equity to the benefit...not extend to a discovery of the manner, in which, or of the evidence by means of which, the defendant's case is to be established, or to any discovery... | |
| 1869 - 492 lehte
...may besought," The rule in equity as to discovery iä thus stated by Wigram at p. 14 of his work i " The right of a plaintiff in equity to the benefit...discovery of such material facts as relate to the plaintiff'» case, and does not extend to a discovery of the manner in which the defendant's casi-... | |
| Edmund Robert Daniell - 1846 - 724 lehte
...in equity to the benefit of a defendant's oath, is limited to a discovery of such material facts aa relate to the "plaintiff's" case, and does not extend to a discovery of the manner in which, or of the evidence by means of which, the defendant's case is to be established, or to any discovery... | |
| Edmund Robert Daniell - 1846 - 848 lehte
...learned modern writer, to be, that the right material to his of a plaintiff in equity to the benefit of a defendant's oath, is limited to a discovery of such material facts as relates to the plaintiff's case, and does not extend to a discovery of the manner in which, or of the... | |
| Richard Newcombe Gresley - 1847 - 744 lehte
...for a defendant to pass over those interrogatories in this (if a) qualification—the right of the plaintiff in equity to the benefit of the defendant's...and does not extend to a discovery of the manner in v.bh'b, or of the evidence by means of which, the defendant's case is to be established, or to any... | |
| Maryland. Courts: High Court of Chancery - 1851 - 616 lehte
...to a bill, because it sought to compel the defendants to a disclosure of their titles, HELD — That the right of a plaintiff in equity to the benefit of the defendant's oath, .« limited to a discovery of such material facts as relate to the plaintiff 's case ; and does not... | |
| Great Britain. Court of Chancery, Charles Beavan - 1853 - 540 lehte
...evidence of the title under which lie claims." So Sir James Wigram (e) states this proposition : — " The right of a Plaintiff in equity to the benefit...the manner in which the Defendant's case is to be established, or to evidence which relates exclusively to his case." And he observes (a) "By the settled... | |
| Edmund Hatch Bennett, Chauncey Smith - 1853 - 672 lehte
...denial of the title of the plaintiff, but on the principle that the plaintiff's right to a discovery does not extend to a discovery of the manner in which the defendant intends to support his case. It is not my intention to go through the authorities. It is... | |
| John Bouvier - 1854 - 756 lehte
...case;(a) for the right of a plaintiff in equity to the benefit of a defendant's oath, is limited to the discovery of such material facts as relate to the...not extend to a discovery of the manner in which, or of the evidence by means of which, the defendant's case is to be established, or to any discovery... | |
| Henry Thurstan Holland, Thomas Chandler, Charles Edward Pollock - 1854 - 380 lehte
...rule, that the right of a plaintiff to discovery, as used in the sense of inspection, is limited to such material facts as relate to the plaintiff's case, and does not extend to evidence which relates exclusively to the defendant's case (k) ; notwithstanding this, however, a plaintiff... | |
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