The “Juniata”
Supreme Court of the United States
Appeal from the Circuit Court of the United States for the District of Louisiana. The decree of the Circuit Court in this case was signed Feb. 13, 1874. An appeal was taken therefrom, and the record filed here on the thirteenth day of the following October. filed á certified copy of tbe order of tbe said Circuit Court, bearing date June 1, 1875, for a commission to take tbe deposition of certain witnesses to be used bere, and moved tbat tbe depositions taken thereunder be…
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Appeal from the Circuit Court of the United States for the District of Louisiana. The decree of the Circuit Court in this case was signed Feb. 13, 1874. An appeal was taken therefrom, and the record filed here on the thirteenth day of the following October. filed á certified copy of tbe order of tbe said Circuit Court, bearing date June 1, 1875, for a commission to take tbe deposition of certain witnesses to be used bere, and moved tbat tbe depositions taken thereunder be made a part of tbe record.
1Opinion of the CourtChief Justice Waite
delivered tbe opinion of tbe court.
Tbe depositions in question were taken since tbe appeal, under a commission issued from tbe Circuit Court. Further proof in tbe case has not been ordered by this court. No such order would have been granted if application therefor bad been made, unless a sufficient excuse was shown for not taking tbe evidence in tbe usual way before tbe courts below. This was the rule established in tbe case of The Mabey, 10 Wall. 419. We cannot admit depositions taken under - a commission from tbe Circuit Court, except upon a similar showing.. That' has not been made. Leave…
2Cases cited1 opinion
- The MabeySupreme Court of the United States · 1870
3Cited by6 opinions
- The HermosaCourt of Appeals for the Ninth Circuit · 1932
- Luksich v. MisetichCourt of Appeals for the Ninth Circuit · 1944
- Insurance Co. of North America v. VenezuelaCourt of Appeals for the Second Circuit · 1892
- Nicaraguan Long Leaf Pine Lumber Co., Inc. v. Moody. The William G. OsmentCourt of Appeals for the Fifth Circuit · 1954
- Korthinos v. Niarchos the K. Papazoglou. Maleuris v. Papadakis the VirginiaCourt of Appeals for the Fourth Circuit · 1950
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