In re National Equipment Co.
Court of Appeals for the Second Circuit
Petitions by the National Equipment Company, by James C. Kuhn, by James A. McClurg & Sons, and by Powell’s, a corporation, for mandamus against Hon. George, C. Holt, United States District Judge for the Southern District of New York.
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Petitions by the National Equipment Company, by James C. Kuhn, by James A. McClurg & Sons, and by Powell’s, a corporation, for mandamus against Hon. George, C. Holt, United States District Judge for the Southern District of New York. These causes come here upon motion for a writ of mandamus directed to the Honorable George G. Holt, District Judge, and the District Court, Southern District of New York, to desist from compelling an unwilling party to an equity suit to adduce orally in open court the whole of his testimony. The facts in each cause are the same. The cause being at issue,…
1Opinion of the CourtLacombe, Circuit Judge
(after stating the facts as above).
[1, 2] We prefer not to look into the question whether or not an application for mandamus is proper practice, because the point is not raised on behalf of respondent, and it is desirable that the main question of practice touching the taking of testimony in equity be promptly settled. Especially so because the District Court in the Southern District of New York has recently adopted a rule in effect January 1, 1912, which reads as follows:
“4. Trials in Open Court.
“If any party to a suit in equity desires a trial in open court upon evidence there to be given…
2Cases cited1 opinion
- Hyams v. Federal Coal & Coke Co.Court of Appeals for the Fourth Circuit · 1907
3Cited by6 opinions
- Dowling v. JonesCourt of Appeals for the Second Circuit · 1933
- Nieman v. Plough Chemical Co.Court of Appeals for the Sixth Circuit · 1927
- Spellman v. SullivianCourt of Appeals for the Second Circuit · 1932
- Juster v. GrossmanSupreme Court of Minnesota · 1949
- Price & Pierce, Ltd. v. Gilson Bros.District Court, E.D. New York · 1932
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