MR. JUSTICE LURTON, after making the foregoing statement of the case, delivered the opinion of the court.
The question is whether under § 724 of the Revised Statutes, a court of law may compel one party to an action to produce, in advance of the trial, books and papers for examination and inspection of his adversary.
Section 724 is substantially the fifteenth section of the Judiciary Act of 1789. It reads as follows:
"In the trial of actions at...
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