¶1No cause appears for coming here with a bill of discovery. It is not alleged that the information had been requested and refused. Costs are not allowed unless the reason is shown fox-coming here: (4 John. Ch. 504; 9 Pes. 103.) The statute makes no difference. The bill being answered, and no exception taken, is dismissed with costs to the defendant.
1 Wright 759
Porter v. Dailey
Decided December 15, 1834
Ohio Supreme Court · decided 1834-12-15
Chancbrv. The bill alleges the loss of $200 in gambling with the defendant. That he brought a suit at law, but finds it difficult, if not impossible to make proof, without a discovery from the defendant, and calls upon him to answer on oath how much money 760] *he won from him. Dailey, in his answer, admits the playing, but declares it out of his power to tell how much he lost ox-won, or which way the balance of the amount is.
Decided 1834-12-15