Legal Opinion
Kaiser v. Chicago, St. P., M. & O. Ry. Co.
District Court, D. Minnesota
Decided January 13, 1912PublishedCited by 1 opinion
At Law. Action by William Kaiser against the Chicago, St. Paul, Minneapolis & Omaha Railway Company. On application by defendant to compel plaintiff to produce in advance of a trial books and papers for defendant’s inspection.
1Opinion of the Court
WILLARD, District Judge.
The case of Carpenter v. Winn, 221 U. S. 533, 31 Sup. Ct. 683, 55 L. Ed. 842, was decided on May 29, 1911. The court there held that under R. S. § 724 (U. S. Comp. St. 1901, p. 583), a party could not be compelled to produce in advance of the trial books and papers for the inspection of the other party. Section 724 is as follows:
“In the trial of actions at law, the courts of the United States may, on motion and due notice thereof, require the parties to produce books or writings in their possession or power, which contain evidence pertinent to the issue, in eases and…
2Cases cited5 opinions
- Union Pacific Railway Co. v. BotsfordSupreme Court of the United States · 1891
- Ex Parte FISKSupreme Court of the United States · 1885
- Carpenter v. WinnSupreme Court of the United States · 1911
- Camden & Suburban Railway Co. v. StetsonSupreme Court of the United States · 1900
- Harris v. RichardsonSupreme Court of Minnesota · 1904
3Cited by1 opinion
- Wilson v. New England Navigation Co.District Court, E.D. New York · 1912