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Home > History and Archaeology > History > The Law and Practice Relating to Discovery by Interrogatories Under the Common Law Procedure ACT, 1854; Together with an Appendix of Precedents, and Full Index: (English)
The Law and Practice Relating to Discovery by Interrogatories Under the Common Law Procedure ACT, 1854; Together with an Appendix of Precedents, and Full Index: (English)

The Law and Practice Relating to Discovery by Interrogatories Under the Common Law Procedure ACT, 1854; Together with an Appendix of Precedents, and Full Index: (English)

          
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About the Book

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1864 edition. Excerpt: ...any general rule on the subject, that in the exercise of that discretion which the statute gives us, we should not permit these interrogatories to be asked." This question was again very fully discussed in Bartlettv. Lewis, 31 L.J., 230 C.P., which case will be found noticed, and the interrogatories, which were the subject of the argument, given in full in an earlier part of this work, ante, p. 26; that case was decided on the authority of Osborne v. London Dock Company, ante, p. 5; but in the course of his judgment, Erie, C.J., said: "No one of these questions directly charges the defendant with having committed an indictable offence," probably implying that had any one done so it would not have been allowed, and coupling this remark with the case of Tupling v. Ward, ante, p. 48, it would seem that the rule, as laid down in Osborne v. London Dock Company, must be somewhat modified by adding to it a condition that the questions shall not be such that the answers to them must tend to criminate the person interrogated. "We find, then, that all questions which can be legally put must conform to four general rules: 1. Interrogatories must be relevant to the matter in issue. 2. Interrogatories must be confined to matters which relate to the case of the party seeking to administer them, and must not extend to matters which relate exclusively to the case of the opposite party; but they may inquire into any matters which are common to the cases of both the contending parties. E 3. Interrogatories must have reference to some state of circumstances which the party making the application has good ground for believing to exist, and must not be put for the purpose of fishing out information to enable the party to make out some case. 4. Interrogatories may be...


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Product Details
  • ISBN-13: 9781151717696
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 24
  • Series Title: English
  • Weight: 64 gr
  • ISBN-10: 115171769X
  • Publisher Date: 10 Jul 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Spine Width: 1 mm
  • Width: 189 mm

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The Law and Practice Relating to Discovery by Interrogatories Under the Common Law Procedure ACT, 1854; Together with an Appendix of Precedents, and Full Index: (English)
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The Law and Practice Relating to Discovery by Interrogatories Under the Common Law Procedure ACT, 1854; Together with an Appendix of Precedents, and Full Index: (English)
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