Fidelity Trust & Safe Deposit Co. v. Nevin

This proceeding is of a somewhat novel and peculiar character in this court, and the notice served is by virtue of a special and comparatively recent statute, under which we have had as yet but little practice. We think, however, a fair and reasonable construction of it requires that the paper called for and demanded should now be produced before the trial has been commenced for the inspection of the counsel on the other side who has called for it, if it can now be produced, and if it cannot that such response shall now be made to the order as the counsel for the defendants may have to make to it.