Legal Opinion

Price & Pierce, Ltd. v. Gilson Bros.

District Court, E.D. New York

Decided April 9, 1932No. 4696PublishedCited by 2 opinions

1Opinion of the Court

CAMPBELL, District Judge.

This is a motion to vacate or modify notice of taking of deposition.

There are two methods of taking testimony for use in the federal courts: (1) By deposition de bene esse; (2) by commission.

The rules for taking testimony by commission do not apply to taking depositions de bene esse. Giles v. Paxson (C. C.) 36 F. 882.

The methods are alternative, and a party has an absolute right, if he so elects, to follow the practice prescribed by title 28, section 639, United States Code (28 USCA § 639). He is under no obligation to pursue the method authorized by the state…

2Cases cited7 opinions

Henning v. BoyleU.S. Circuit Court for the District of Southern New York · 1901
Deery v. ByrneAppellate Division of the Supreme Court of the State of New York · 1907
In re National Equipment Co.Court of Appeals for the Second Circuit · 1912
Audiffren Refrigerating Mach. Co. v. General Electric Co.District Court, D. New Jersey · 1917
Giles v. PaxsonU.S. Circuit Court for the District of Northern Iowa · 1888

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

Spellman v. SullivianCourt of Appeals for the Second Circuit · 1932
Taylor v. SternbergCourt of Appeals for the Eighth Circuit · 1934