DISCOVERY. BILL OF. An equitable remedy which is sometimes used to enable a plaintiff or defendant in an action. either at law or in equity, to obtain information and proof as to facts and documents necessary for the prosecu tion or defense of his case. where such means of proof are within the knowledge or possession of the opposite party. The bill should not ask for any relief as to the matters hi controversy, but may ask for an injunction staying further proceedings in the action until the discovery is obtained. It must only ask for the disclosure of facts or the production of deeds, writings, or other in which the party has a title or interest, and which are essential to be estab lished in order to sustain his side of the case, and must show' some merit in his claim or de fense. Thus a devisee of real property under a will might maintain such a bill for the produe tion of the title deeds of the particular property to which he has become entitled, in order to trace the devisor's interest. and consequently
enable him to establish his claim. It must not demand any information which is clearly only in the nature of evi low, for the oppo.ite party, as it not for the purpo-c 01 compelling him to disclose the manlier in which lie hill elldeaVOr toof the ea-e. It will only be entertained in cilia It i- .011 a com mon remedy in States having distinctly separate court- of law and oqiiity, but been abolished or has fallen into di-use in States having codes of civil procedure. as ill New York, where a party has a right to call his adversary as a witness and compel the production of books and documents by sabpoca davcs recant. See