Legal Opinion

In re McKay

United States Court of Claims

Decided December 17, 1894No. 18716PublishedCited by 1 opinion

The Reporters1 statement of the case: The facts upon which the motion was based will be found set forth in the opinion of the court. The application to discharge the writ was submitted at chambers by the witness in person without argument, but briefs were filed by the witness and by Mr. Assistant Attorney-General Dodge.

1Opinion of the CourtWeldon, J.

In this proceeding the petitioner asks to be discharged from attendance as a witness upon the ground that the court is without authority to issue compulsory process to compel witnesses to attend and testify in support of motions to set aside its judgments.

In order to understand the relevancy and pertinency of the motion it is necessary to state the proceedings upon which this application is predicated.

On the 14th day of May, 1894, the court rendered a judgment in the case of Edward P. Bliss executor of Donald McKay v. The United States for the sum of $123,628.42; and on the 2d day of June the…

2Cases cited2 opinions

  1. McBlair v. United StatesUnited States Court of Claims · 1884
  2. Stevenson v. Attorney General's OfficeWest Virginia Court of Claims · 1999

3Cited by1 opinion

  1. Pocono Pines Assembly Hotels Co. v. United StatesUnited States Court of Claims · 1932

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