Central Bank of Georgetown v. Tayloe
U.S. Circuit Court for the District of District of Columbia
Assumpsit, upon an open account, arid for moneys lent and advanced. having given notice, now moved the Court for an order on the defendant to produce his bank-book and surrendered vouchers, by a certain day before the trial. objected, that under the 15th section of the Judiciary Act of 1789, [1 Stat. at Large, 73,] the party can only be compelled to produce books and papers in the trial, not before the trial.
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Assumpsit, upon an open account, arid for moneys lent and advanced. having given notice, now moved the Court for an order on the defendant to produce his bank-book and surrendered vouchers, by a certain day before the trial. objected, that under the 15th section of the Judiciary Act of 1789, [1 Stat. at Large, 73,] the party can only be compelled to produce books and papers in the trial, not before the trial. Geyger’s case, 2 Dali. 332. The CouRT, however, on the 29th of December, 1823, ordered the defendant to produce his bank-book and vouchers on the 5th of January following, for the…
1Opinion of the Court
The CouRT
(nem. con.) instructed the jury that the Act of Congress of the 3d of March, 1817, [3 Stat. at Large, 383,] entitled “ An Act to incorporate the subscribers to certain banks in the District of Columbia,” &e., was a public law of which the Court and jury were bound to take notice, and that the plaintiffs, by that law, were incorporated by the name in which they prosecuted the present action.
The Court did not decide whether, if it had been a misnomer, it could have been taken advantage of upon the general issue ; but CRAnch, C. J., and Thruston, J., inclined strongly to the opinion…
2Cited by3 opinions
- Victor G. Bloede Co. of Baltimore City v. Joseph Bancroft & Sons Co.U.S. Circuit Court for the District of Delaware · 1899
- Lucker v. Phoenix Assur. Co. of LondonU.S. Circuit Court for the District of South Carolina · 1895
- Exchange Nat. Bank of Atchison v. Washita Cattle Co.District Court, E.D. Missouri · 1894