Dunham v. Riley

WASPHNGTON, Circuit Justice.

It was stated in the case of Bas V. Steele [Case No.. 1,088], decided in this court, that to entitle the defendant to nonsuit the plaintiff at the trial, upon the ground of a non-production of papers, he must first obtain an order of the court, under a regular notice, that the papers should be produced. But the court did not decide whether such order must be absolute in the first instance. We think it need not be so; but that upon the rule to-show cause, it may be made nisi; leaving the court at liberty to enforce the rule, unless the plaintiff can show, at the…