Clarke v. Spencer — 6 Cow. 59

Majority

p. 59

Clarke against Spencer.

Headnote

General indebitatus assumpsit. On the application of the defendant’s attorney to a commissioner having power to do chamber business of a judge of this court, he made * 0 * an order, “ that the plaintiff’s attorney deliver to the defendant’s attorney a copy of the receipt, which is the evidence of the payment of the money for which this suit is 1 * * broughtand in the mean time that all proceedings in the suit be stayed.

A judge at no power to °rd®r a. ,parO to furnish copies of papers, dence *in c“use> to ⅛ adversan5,

A motion was now made to set aside this order, on the ground that the commissioner had exceeded his powers.

II. Welles, for the motion,

cited 19 John. 268 ; 1 Cato-en's Rep. 574.

B. D. Noxon, contra,

cited 1 Cowen 571; 2 Arckb. Pr. 197, 198.

In Willis v. Bailey, ( 19 John. 268 ,) this court declaredjthey had not/adopted the English practice of allowing these orders at chambers. Aside, therefore, from the question whether even this court would order copies of papers, which are not theblirect foundation of the suit or defence, to be furnished, the motion must be granted.

Motion granted.