I dissent.,. The defendant is a foreign corporation, and there is no evidence that the books and papers of which a. discovery is 'sought are within this State, or that the defendant has the power to produce them. - , ■ /
Laughlin, J., concurred.
Order modified as directed in opinion, and as modified affirmed, with ten dollars costs'and disbursements to appellant. Settle order - on notice: ' ■ .