Drainage Commission v. Charles F. Collom & Co.
Supreme Court of Louisiana
Appeal from Civil District Court, Parish of Orleans; Thomas G. W. Ellis, Judge. Action by the Drainage Commission of New Orleans against Charles P. Collom & Co. and others. Prom an order dismissing a rule to show cause, defendants appeal.
1Opinion of the Court
On Motion to Dismiss Appeal.
LAND, J.
Counsel for plaintiff, on April 16, 1902, obtained an order for a commission to take the testimony of several nonresident witnesses, among them one W. L. Marshall, of the city of New York, and the court allowed 20 days for the return of the commission.
On September 6, 1903—nearly 17 months afterwards—defendants filed a rule on plaintiff to show cause why the said commission should not be returned to the court, alleging that the witness had answered all the interrogations to him propounded, and that the plaintiff has the same in his possession.
After hearing…
2Cases cited2 opinions
- Hyde v. JenkinsSupreme Court of Louisiana · 1834
- State ex rel. Cole v. Judge of the Fifth Judicial DistrictSupreme Court of Louisiana · 1877
3Cited by2 opinions
- State ex rel. Galle v. City of New OrleansSupreme Court of Louisiana · 1904
- Saint v. MartelSupreme Court of Louisiana · 1909