Legal Opinion

Frost v. Barber

U.S. Circuit Court for the District of Southern New York

Decided October 6, 1909PublishedCited by 1 opinion

Action by Mesliech Erost against Ohio C. Barber. On application for examination of plaintiff.

1Opinion of the Court

LACOMBE, Circuit Judge.

The federal practice does not permit examination of a party before trial. Hanks Dental Ass’n v. International Tooth Crown Co., 194 U. S. 303, 24 Sup. Ct. 700, 48 L. Ed. 989. The object of section 863, Rev. St. (U. S. Comp. St. 1901, p. 661), is not to enable a party to ascertain, in advance of the trial, what will be the testimony of some particular witness, but solely to secure him against *848going to trial without the testimony of every witness whom he believes he should call, or examine.

This object will be attained in the present case by denying this application, with…

2Cases cited1 opinion

  1. Hanks Dental Assn. v. International Tooth Crown Co.Supreme Court of the United States · 1904

3Cited by1 opinion

  1. Green v. Victor Talking Mach. Co.District Court, E.D. New York · 1926

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