Volume 200, Volume 3, Page 427 View pdf image (33K) |
WILLIAMS VS. THE SAVAGE MANUFACTURING CO. 427 upon that subject is therefore considered as final. These examples are deemed sufficient. That this cause has not progressed as speedily as the com- plainant may desire, and that further delays may be encoun- tered before it is brought to a final conclusion, may be a subject of regret. But sitting here to administer the law according to my best judgment, I cannot permit these considerations to operate so as to take from the defendant rights and privileges which the Legislature, in its wisdom, and the Court of Appeals, in expounding the will of the Legislature, have secured to him. An order will be passed, overruling the exceptions. [After the amended answer was filed, and the case was about to be sent to the Auditor for an account and further proof, an order was passed, on the 6th of September, 1851, by consent of parties, that defendant should bring into Court all its books of accounts, other than those of recent transactions, which are understood to be those opened or commenced on or about the year 1842, and that complainant have leave to inspect said excepted books at the counting-house of the town agent, at all reasonable times, and reserving liberty to him to apply for further orders in respect of said excepted books, if he shall be deterred or impeded in the exercise of his privilege of such exa- mination, or if from other causes, such application shall be deemed necessary by him. The books so ordered to be brought in, are all the books kept either in town or at the factory. Under this order, the books prior to 1842 were brought into Court, and on the 29th of January, 1852, the complainant filed a petition, stating that he had been permitted from time to time to examine the excepted books kept by the town agent, but in so doing, he has been subjected to many and great annoyances, which tend much to thwart his purposes, and to delay this cause, and that he has been prevented from making any examination whatever into the books kept at the factory, although it was well understood at the date of said order, that he proposed to examine them, and that they would be brought t0 the office of the town agent, or some facility tendered him |
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Volume 200, Volume 3, Page 427 View pdf image (33K) |
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