Pullman Co. v. Jordan
Court of Appeals for the Fifth Circuit
In Error to the District Court of the United States for the Northern District of-Alabama; William I. Grubb, Judge. Action at law by C. C. Jordan against the Pullman Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
WARKER, Circuit Judge.
The plaintiff below (defendant in error here), in the proceedings adopted for securing the testimony of Dr. John A. Renfestey, elected, as under the statute he had the right to do, to follow the mode prescribed by the laws of Alabama, the state in which the court was held. 3 Fed. Stat. Anno. 22; 27 Stat. L. 7. Having so elected, it was incumbent upon him to proceed in conformity with the requirements of the state law as to the mode of procuring the deposition. R. S. U. S. § 914, 3 Fed. Stat. Anno. 10 (Comp. St. 1913, § 1537). The Alabama statute, which was undertaken to…
2Cases cited7 opinions
- Thrasher v. IngramSupreme Court of Alabama · 1858
- Bennett v. BennettWest Virginia Supreme Court · 1892
- Birmingham Union Railway Co. v. AlexanderSupreme Court of Alabama · 1890
- Jordan v. HazardSupreme Court of Alabama · 1846
- Herndon v. GivensSupreme Court of Alabama · 1849
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3Cited by2 opinions
- Cogen v. United StatesSupreme Court of the United States · 1929
- Apex Hosiery Co. v. LeaderCourt of Appeals for the Third Circuit · 1939