Kessler v. Best
U.S. Circuit Court for the District of Southern New York
Motion to compel a witness to answer cross-questions. He is being examined here under section 863 [U. S. Comp. St. 1901, p. 661]; the action — for libel — being at issue in the United States Circuit Court for the Eastern District of Wisconsin.
1Opinion of the Court
LACOMBE, Circuit Judge.
The witness claims that the documents about which he is interrogated are part of the archives of the German consulate, and therefore privileged. The objection is well taken, but defendant cannot be allowed to retain so much of the direct examination as deals with these same documents. The passages marked in blue are therefore stricken out of the direct. It is difficult to understand upon what theory the rest of the direct could be admitted, except, perhaps, to the extent that witness put stamps on four bottles of wine, and delivered them to the shipbuilding company.…
2Cited by5 opinions
- In Re Grand Jury Subpoena Dated August 9, 2000District Court, S.D. New York · 2002
- Firth Sterling Steel Co. v. Bethlehem Steel Co.District Court, E.D. Pennsylvania · 1912
- Simonsen v. BarthMontana Supreme Court · 1922
- Summit Drilling Corp. v. CommissionerCourt of Appeals for the Tenth Circuit · 1947
- Peden v. Peden's AdministratorCourt of Appeals of Virginia · 1917