Frank v. George C. Frank's Administrator

Superior Court of Delaware

Frank v. George C. Frank's Administrator

1 Del. 245

DecidedJuly 1, 1856

StatusPublished

This text of 1 Del. 245 (Frank v. George C. Frank's Administrator) is published on Counsel Stack Legal Research, covering Superior Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Frank v. George C. Frank's Administrator, 1 Del. 245 (Del. Ct. App. 1856).

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Opinion

By the Court:

We discharge the rule, and should not have laid it, except to afford the party applying for it an opportunity to show authority for it, if he could. But whatever may be the suspicions attaching to the conduct of the plaintiff, as alleged in the affidavit, we have no power to command the production of these notes for the purposes stated, or for any other purpose, in this stage of the case; and we have, therefore, no hesitation in dismissing it.

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By the Court:

We discharge the rule, and should not have laid it, except to afford the party applying for it an opportunity to show authority for it, if he could. But whatever may be the suspicions attaching to the conduct of the plaintiff, as alleged in the affidavit, we have no power to command the production of these notes for the purposes stated, or for any other purpose, in this stage of the case; and we have, therefore, no hesitation in dismissing it.

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Bluebook (online)

1 Del. 245, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frank-v-george-c-franks-administrator-delsuperct-1856.