Van Hook v. Pendleton
U.S. Circuit Court for the District of Southern New York
This was a 'suit in equity for an account and an injunction for the infringement of letters patent. After the cause was at issue, the plaintiff [William Yan Hook] proceeded to take proofs before one of the standing examiners of the court, without his having been specially appointed as examiner in the cause, or as commissioner therein; and the testimony was taken before him upon oral examination and not by written interrogatories.
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This was a 'suit in equity for an account and an injunction for the infringement of letters patent. After the cause was at issue, the plaintiff [William Yan Hook] proceeded to take proofs before one of the standing examiners of the court, without his having been specially appointed as examiner in the cause, or as commissioner therein; and the testimony was taken before him upon oral examination and not by written interrogatories. The defendants [John Pendleton and Jonathan Leach] had written notice, previous to the examination, of its time and place, and of the names of the witnesses to be…
1Opinion of the Court
BETTS, District Judge.
(1.) Under the first motion now made, it is insisted that the rules in equity adopted by the supreme court in 1842.—1 How. [42 U. S.],—regulate the entire subject of taking testimony in suits in equity, and exclude all modes of taking proof other than such as are prescribed by those rules; that they authorize proofs to be taken by an examiner, only when he is specifically appointed in the cause; and that the parties must proceed by written interrogatories, unless they mutually consent to an oral examination.
It will tend to a clearer view of the subject, to recapitulate…
2Cases cited5 opinions
- Executors of Brasher v. Van CortlandtNew York Court of Chancery · 1816
- Rowan v. LytleNew York Supreme Court · 1825
- Skinner v. DaytonNew York Court of Chancery · 1821
- Hinde v. TubbsNew York Supreme Court · 1813
- Troup v. HaightNew York Court of Chancery · 1822
3Cited by2 opinions
- McKell v. Collins Colliery Co.West Virginia Supreme Court · 1899
- Palmer v. De WittThe Superior Court of New York City · 1870