Legal Opinion
French v. Zalstem-Zalessky
District Court, S.D. New York
Decided March 21, 1940PublishedCited by 5 opinions
1Opinion of the Court
HULBERT, District Judge.
Service of process was made upon the defendants within this District and they have appeared and answered the complaint. It is not essential to secure their presence that they should be served ■with a subpoena pursuant to Rule 45, Rules of Civil Procedure for District Courts, 28 U.S.C.A. following section 723c. This applies to witnesses. Parties over whom the court has acquired jurisdiction and who fail to respond to a notice for examination pursuant to Rule 26 et seq. may be penalized by striking out the pleading.
The defendants did not make such a showing as is…
2Cited by5 opinions
- Collins v. WaylandCourt of Appeals for the Ninth Circuit · 1944
- Bourne, Inc. v. RomeroDistrict Court, M.D. Louisiana · 1959
- United States ex rel. Edelstein v. Brussell Sewing Mach. Co.District Court, S.D. New York · 1943
- Valenstein v. Bayonne Bolt Corp.District Court, E.D. New York · 1946
- Parker v. Hot Shoppes, Inc.District of Columbia Court of Appeals · 1946