Kline Bros. & Co. v. Liverpool & London & Globe Ins.
U.S. Circuit Court for the District of Southern New York
Action by Kline Bros. & Co. against the Liverpool & London & Globe Insurance Company, with, which were heard four other cases. Application to vacate or extend a notice to take depositions de bene esse.
1Opinion of the Court
WARD, Circuit Judge.
The party having the right to take depositions de bene esse under section 863 of the Revised Statutes (U. S. Comp. St. 1901, p. 661) without any application to or assistance from *970the court, I doubt the power of the court to vacate or extend the notice. The party who gives the notice takes the risk of the deposition being suppressed if it does not comply with the requirements of the statute. It would greatly impair the efficiency of the statute, which is aimed at emergencies, if courts were to intervene. If the plaintiff thinks the notice is bad, his course is to treat it…
2Cited by4 opinions
- Dowling v. JonesCourt of Appeals for the Second Circuit · 1933
- Audiffren Refrigerating Mach. Co. v. General Electric Co.District Court, D. New Jersey · 1917
- Juster v. GrossmanSupreme Court of Minnesota · 1949
- Willmott v. Agwi Nav. Co.District Court, E.D. New York · 1936