Davis v. Central New Hampshire Power Co.

Discovery of documents in aid of an action at law may be ordered upon a motion in the form of a bill for discovery against a foreign corporation which has appeared generally, though the documents are outside the state. Bill por Discovery, in the form of a motion, in aid of an action of assumpsit to recover for services alleged to have been rendered the defendant by the plaintiff. At the hearing on this motion it appeared that the documents sought to be discovered were located at the offices of the defendant in Brattleboro, Vt., and Portland, Me. The defendant is a corporation organized under the laws of Maine. The court having found that the plaintiff was unable properly to prepare his case without an opportunity to inspect the documents in question and that justice required their production, ordered discovery, and the defendant excepted. The writ shows an attachment of the defendant’s real estate in New Hampshire, and an acceptance of service by defendant’s attorney, who appeared generally after the writ was entered.

Transferred from the April term, 1919, of the superior court by Marble, J.