Definitions from Black's Law Dictionary: 2nd Edition and Ballentine's Law Dictionary as are available for each term in each dictionary.
  • Ballentine's Law Dictionary

    Sworn testimony furnished by the defendant in answer to a complaint or bill in equity; knowledge as distinguished from suspicion (see 41 Neb. 413, 59 N. W. 838); the finding of mineral in place. See 18 Mont. 208, 56 Am. St. Rep. 578, 33 L. R. A. 851, 44 Pac. 979.

  • Black's Law Dictionary: 2nd Edition

    In a general sense, the ascertainment of that which was previously unknown; the disclosure or coming to light of what was previously hidden; the acquisi-tion of notice or knowledge of given acts or facts; as, in regard to the "discovery" of fraud affecting the running of the statute of limitations or the granting of a new trial for newly "discovered" evidence, Francis v. Wallace, 77 Iowa, 373, 42 N. W. 323; Parker v, Kuhn, 21 Neb. 413, 32 N. W. 74, 59 Am. Rep. 852; Laird v. Kil bourne, 7O Iowa, 83, 30 N. W. 9; Howton v. Roberts, 49 S. W. 340, 20 Ky. Law Rep. 1331; Marbourg v. McCormick, 23 Kan. 43. In international law. As the foundation for a claim of national ownership or sovereignty, discovery is the finding of a country, continent, or island previously unknown, or previously known only to its uncivilized inhabitants. Martin v. Waddell, 16 Pet 409, 10 In Ed. 907. In patent law. The finding out seme substance, mechanical device, improvement, or application, not previously , known. In re Kemper, 14 Fed. Cas. 287; Dunbar v. Meyers, 94 U. S. 197, 24 L. Ed. 34. Discovery, as used in the patent laws, depends upon invention. Every invention may, in a certain sense, embrace more or less or discovery, for it must always include something that is new; but it by no means follows that every discovery is an invention. Morton v. Infirmary, 5 Blatchf. 121, Fed. Cas. No. 9,865. In practice. The disclosure by the defendant of facts, titles, documents, or other things which are in his exclusive knowledge or possession, and which are necessary to the party seeking the discovery as a part of a cause or action pending or to be brought in another court, or as evidence of 'his rights or title in such proceeding. Tucker v. U. S., 151 U. S. 164, 14 Sup. Ct. 299, 38 L. Ed. 112; Kelley v. Boettcher, 85 Fed. 55, 29 C. C. A. 14. Also used of the disclosure by a bankrupt of his property for the benefit of creditors. In mining law. As the basis of the right to locate a mining claim upon the publlc domain, discovery means the finding of mineralised rock in place. Migeon v. Railroad Co., 77 Fed. 249, 23 C. C. A. 156; Book v. Mining Co. (C. Ct) 58 Fed. 106; Muldrick v. Brown, 37 On. 185, 61 Pan. 428; Mining Co., v. Rutter, 87 Fed. 806, 31 C. a A. 223.
    —Discovery, bill of. In equity pleading. A bill for the discovery of facts resting in the knowledge of the defendant, or of deeds or writings, or other things in his custody or power; but seeking no relief in consequence of the discovery, though it may pray for a stay of proceedings at law till the discovery is made. Story, Eq. PL §§ 311, 312, and notes; Mitf. Eq. PI. 53.