Smith v. United States

(after stating the facts as above).

It is at once apparent that the names of the witnesses of the defendant by whom facts may be established, is sought, and not records and documents pertaining to the disability of the deceased. The Supreme Court in Carpenter v. Winn, 221 U. S. 540, 31 S. Ct. 683, 686, 55 L. Ed. 842, said: “The court will require reasonable proof of the possession and of the pertinency of the papers. If the object of the party is to avail himself of the provision of the section, so as to move for a nonsuit, or for judgment by default, he must put the party on his guard, and…