Gross v. Palmer

KOHLSAAT, District Judge.

In this matter I am of the opinion that the authorities sustain complainant’s contention that letters rogatory should issue where the desired testimony cannot otherwise be obtained. A commission is, as a rule, the more expeditious, comprehensive, and satisfactory means of procuring evidence outside the jurisdiction of the court, and this means of taking such testimony is favnred by the courts where it is adequate. Complainant seeks to establish the fact that this means is not adequate in this instance by his affidavit made upon information and belief only. This…