
    Harris vs. Williams.
    Where the complainant, in a simple bill of discovery, asks for a discovery from the defendant previous to the filing of his bill, which discovery is material to the prosecution or defence of his rights at law, and it is refused by the defendant, if the discovery thus asked for is afterwards drawn from the defendant by his answer to the bill, such defendant is not entitled to costs against the complainant.
    
      1843. January 30.
    This was an application to dissolve the injunction, upon the coining in of the defendant’s answer to a bill of discovery, and for costs. The application for costs was resisted upon the ground that the defendant had refused to make the discovery sought until it was drawn from him by the complainant’s bill.
    I. Harris, complainant, in person.
    
      J. Rhoades, for the defendant.
   The Chancellor.

The defendant in this case is not entitled to costs. The complainant was entitled to the discovery wuthout suit, as it was material to the maintenance of his rights at law. And it having been refused by the defendant without any sufficient excuse, and the complainant having obtained it by the aid of this court, the defendant must bear his own costs of the answer and of his other proceedings in this suit.

Order accordingly.  