Legal Opinion
Willmott v. Agwi Nav. Co.
District Court, E.D. New York
Decided October 22, 1936No. 7093PublishedCited by 1 opinion
1Opinion of the Court
BYERS, District Judge.
Motion by defendant to vacate a -notice of taking a deposition de bene esse of a witness pursuant to title 28 U.S.C. § 639 (28 U.S.C.A. § 639).
The notice is challenged upon the ground that the witness resides within 100 miles of the place of trial and is not “about to go out of the United States, or out of the district in which the case is to be tried, and to a greater distance than 100 miles from the place of trial, before the time of trial * * *.”■
That challenge the plaintiff has failed to meet in the answering affidavit of her attorney.
The power of the court to vacate…
2Cases cited3 opinions
- Dowling v. JonesCourt of Appeals for the Second Circuit · 1933
- Kline Bros. & Co. v. Liverpool & London & Globe Ins.U.S. Circuit Court for the District of Southern New York · 1911
- Seiden v. Concordia Fire Ins. Co. of MilwaukeeDistrict Court, S.D. New York · 1931
3Cited by1 opinion
- Juster v. GrossmanSupreme Court of Minnesota · 1949