Snyder v. Olmstead — 1 How. Pr. 194

Majority

p. 194

Alexander Snyder vs. Charles A. Olmstead.

Headnote

An order for depositing books $• c. with county clerk for the benefit of a party, must be strictly complied with. Leave given to the party seeking discovery, to examine the books #c. at the store of the owner, will not answer as a substitute. A motion to vacate an order for depositing books fye,, should first be made before the officer granting it.

Motion by plaintiff to vacate order of circuit judge, requiring books to be deposited with county clerk.—This motion was made by plaintiff, to vacate the order of the circuit judge, requiring plaintiff to deposit books &c. with the county clerk, on the ground that the plaintiff had given defendant’s attorney leave to examine the books and papers &c. which related only to the suit in controversy, at the store of the plaintiff.

E. Pearson, Plffs Counsel. E. Pearson, Plffs Atty.

M. T. Reynolds, lefts Counsel. L. J. Lansing, lefts Atty.

The plaintiff can not substitute that mode of examination, as a compliance with the order; he should have deposited his books, &c., according to the order. The motion to vacate the order should have been made before the officer granting it in the first place.

Motion denied with costs.