GREGORY V. CHICAGO, MILWAUKEE & ST. PAUL R. R.
remedy by injunction does not continue, and to say that such remedy does not exist, is not to say that any "right" of hers is not to be enforced in thf same manner as before the Revised Statutes were enacted. The demurrer is allowed, with costs.
CHICAGO, MILWAUKEE HARBIS MEIGHEN
(Oircuit Oourt, lJ. Iowa, N. D. 1882.\
PRACTICE-PnODuCTION OF BOOKS. ETC.
In requiring the production of books or writings in evidence in actions at
law, federal courts are not governed by the provisions of state statutes, but by
the provisions of section 724, Rev. St.
SAME-DISORETION OF COURT.
In ordering the production of books, etc., in evidence, the court will exercise its discretion, following the practice, in such cases, in chancery.
At Law. LOVE, D. J. We are not governed, as counsel seem to suppose, by the provisions of the Iowa Code in determining this motion, but by the following provisions of the act of congress:
Section 724, Rev. St. ,. Power to order production of books and writings in actions at law." "In the trial of actions at law the courts of the United States may, on motion and due notice thereof, reqnire the parties to produce books or writings in their posse5sion or power which CO!ltain evidence pertinent to the issue in cases under circumstances where they might be compelled to produce the same by the ordinary rules of proceedings in chancery. " If a plaintiff fails to comply with such order, the court may, on motion, give the like judgment for the defendants as in cases of nonsuit; and if a defendant fails to comply with such order the court may, on motion, give judgment against him by default."
From this provision it is clear that the plaintiff's motion cannot be denied. But how, when, and where the books, etc., shall be produced must be determined by the sound and just discretion of the court. To order the books of a corporation, or any great business firm, to be brought from a distant place, where they may be conv.10,no.5-34
'Stantly needed, to the place where the court is held, wonld be a practice in the highest degree inconvenient; neither would the court order the books of a firm or corporation to be taken from the possession of the owners, and placod in the cllstody of any person not inter sted in their safety and preservation. The right of a litigating party is to inspect, to examine, and take copies, with view of securing information, and their contents in evidence. This right the law secures to him, and the court will order it to be done in such a way as to prejudice as little as possible the owners of the books. The -owner of books in which he has kept his accounts, and which he may need for daily and hourly use, is just as much entitled to their custody as he is entitled to the possession and use of any other personal property. It would be most prejudicial and unjust to order a litigant to bring his books from a distant place, where they are in constant use, and deliver them to some officer of the court for the convenience of an adversary party. If such were the rule, a foreign insurance company or railroad corporation or private firm might be compelled, under penalties of contempt and default, to bring their books from far-distant states, and even from beyond the seas, at their own expense, and to their grievous prejudice, for the use, benefit, and convenience of their adversaries. It will be ,seen, byexamining the foregoing provision, that the court is to govern its discretion by the practice in such cases in chancery. The practice in equity has been long established, and the court will make an order in strict pursuance of that practice. As to means by which the order shall be enforced, the rule quoted .above speaks for itself. But, even in the absence of suoh a rule, the court would find a way to enforce obedience to its ordc.I;sby a party litigant before it.
Let the plaintiff, his solicitors, and agents be at liberty, at all sea-somtble times, upon giving reasonable notice, to inspect and peruse at the office of the defendant company, or elsewhere, the books, papers, and vouchers referred to in the plaintiff's application as containing evidence pertinent to this case, the same being in the defendant's possession, custody, or power, and take copies thereof and abstracts therefrom, as they shall be advised, at the plaintiff's expense; and let the said defendants produce any designated books, papers, or vouchers before any competent officer taking depositions. on due notice, at the plaintiff's instance, at the town or city or place where
J\l'INTYBE V. THOMPSON.
said books, papers, or vouchers may be kept in custody, in order that any copies, abstracts, or extracts taken under this order may be compared, verified, and proved, so as to be offered in evidence It is further ordered that, in order to entitle him3elf to have such before such examining officer, books, papers, and vouchers the plaintiff shall designate the books, papers, or vouchers required, and give reasonable notice of the time and place when and where the same shall be produced.
See G-eyger v. G-eyger, 2 DaB. 332; Thompson v. Selden, 20 How. 194; Maye v. Carberry, 2 Cranch, C. C. 336,; Bank of U. S. v. Kurtz, Id. 342; Hilton v. Brown, 1 C. C. 298; Bas v.Steele, 3 Id. 381; Dunham v. Riley, 4 Id.126; Vasse v. Mitftin, Id. 519; Jaques v. Collins, 2 Blatchf. 23; lasigi v. B1'own, 4 Curt. 401.
and others v. THo?tfPsoN and others.
(Oircuit Oourt, W. D. North Carolina. December Term, 1881.)
REAL ESTATE-TITLE BY PRESCRIPTION.
A sheriff's deed is color of title, and continuous thereunder of the lands therein described for seven years, under known aud visible boundaries, establishes title for the purposes of au action to recover land lying in the state of North Carolina, against everybody but the state; and title may be shown out of the state, if individuals have had possession and used such lands as their private property for 30 years, under known and visible lines and boundaries, , As against the state, it is not necessary to show that such adverse possession was continuous, or that there was connection and privity between the holders.
COLOR OF TITLE.
Color of title is that which in appel1ranee is title, but which in reality is no title, Even under a void and worthless deed, it is received as evidence of claim adverse to all the world, and mere notice of a better title will not prevent the operation of an adverse posses3ion under it. It is a question of law to be determined by the court.
This is a civil action to recover land. The evidence and the legal questions presented in the argument are stated in the charge of the court. W. H. Bailey and Walker et Burwell, for plaintiffs. BynuJn et Grier and Jones et Johnston, for defendants. DICK, D. J., (charging jur.lJ.) In a long experience at the bar I have often observed that, in warmly-contested and protracted trials, many immaterial and irrelevant matters will find their way into the controversy. Snch matters always tend, to confuse. perplex,