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Davenbagh against M'Kinnie
Curia.
If-the action were upon contract, and the motion unobjectionable on this ground, we would not grant this application. It is aimed against a third person not interested in the cause ; and seeks to pry into his private papers. If the plaintiff deem it material, he must compel its production by subpeena duces tecum, or in some other way than by motion.
Motion denied.