Bischoffscheim v. Baltzer

This is a suit in equity. Issue was joined by the filing of a replication to the answer, December 1, 1879. On the fifth of February, 1881, the plaintiff’s solicitors, not having before taken any -testimony, served a notice in writing on the defendants solicitors that the plaintiff “desires the evidence to be adduced in this cause to be taken orally, ” and that witnesses would be examined in the city of New York on February 11th. Two witnesses for the plaintiff were examined orally under this notice, the last one in June, 1881. The time to take testimony has been extended, and has not expired.…