Anti-Kalsomine Co. v. Kent Circuit Judge
Anti-Kalsomine Co. v. Kent Circuit Judge
Opinion of the Court
This is an application for man-
“That the said Oscar F. Powell, the bookkeeper selected by plaintiff for that purpose, and who has heretofore been permitted by defendant to examine for plaintiff a portion*252 of the books of defendant mentioned in said petition, is hereby authorized to list, examine, and take copies of and memoranda from the books, records, files, and correspondence of defendant mentioned in said petition, including the books, records, files, and correspondence of the Diamond Wall-Finish Company, also mentioned in said petition, as he and the said plaintiff may be advised. That said defendant, its officers and office employés, furnish to the said Oscar F. Powell sueh books, records, files, and correspondence of defendant and the Diamond Wall-Finish Company in its possession or control, or in the possession or control of its officers, agents, and employés, or in the possession or control of the officers, agents, and employés of the Diamond Wall-Finish Company, as he may from time to time call for, which may contain evidence relating to the matters at issue in this cause. That it shall not be necessary for the said Oscar F. Powell in such demand or requirement to specify any particular letter or document, but it shall be sufficient for him to designate generally the class of papers and documents required by him. For example, it shall be sufficient for him to call for all the correspondence and reports by and between said defendant, its officers and office employés, and traveling salesmen in its employ, or heretofore in its employ, and the files of defendant in relation thereto.”
The relator complains that this order authorizes an unreasonable search of relator’s property, and violates the fourth amendment of the Constitution of the United States, and section 26, art. 6, of the Constitution of this State. The counsel for respondent contend that the order of the circuit judge was fully authorized, and cite the case of Eddy v. Bay Circuit Judge, 114 Mich. 668. The case is ruled by the case cited, unless a distinction is taken between the books and papers of a corporation and its- correspondence. The petition sets out that resort to the files and correspondence is necessary to an understanding of the book entries. It is urged that such an order, directed to an individual, might result in the production of confidential communications, and that, as applied to a corporation, it may result in the production and inspection of confidential communications of no benefit to the party seeking the production. We do not think
The writ will be denied.
Reference
- Full Case Name
- ANTI-KALSOMINE CO. v. KENT CIRCUIT JUDGE
- Cited By
- 2 cases
- Status
- Published