Macomber v. Clarke

Decided December 15, 1828

having given notice to the defendant to produce them, called for a certain letter and notice of demand and notice of protest. produced the defendant’s affidavit, that he had searched diligently for the letter and could,not find it. He contended that the defendant was not bound to produce the notice, as there had been no order of the Court to produce it, and no notice of a motion for such an order.

Decided 1828-12-15

¶1The CouRT (Thruston, J., absent,) said that there must be an order of the Court for the production of the papers, which order must be served upon the party a reasonable time before the time for producing them; and that the party must have reasonable notice of the motion for the order.

¶2On motion of Mr. Coxe, and with the assent of the defendant’s counsel, a juror was withdrawn, and the cause continued ; the Court said it must be without costs, as the defendant had elected a continuance.