Compania Azucarera Cubana v. Ingraham
U.S. Circuit Court for the District of Connecticut
At Raw.. Action by the Compañía Azucarera Cubana against In-graham,..Maxwell & Beals. Plaintiffs apply for dedimus potestatem.
1Opinion of the Court
PRATT, District Judge.
The plaintiffs have filed an affidavit in support of their application for a dedimus potestatem to take depositions in Cuba, which seems to show clearly that, unless some form of order shall be granted, there will be a failure or delay of justice. It is clear that by by section 861, Rev. St. (U. S. Comp. St. 1901, p. 661), the Congress has taken charge of the mode of proof in the trial of actions at common law. ‘ The witnesses must appear in open court, unless a situation arises which is governed by one of the subsequent exceptions.
Plaintiffs find no aid in section 863,…
2Cases cited4 opinions
- National Cash-Register Co. v. LelandCourt of Appeals for the First Circuit · 1899
- Hanks Dental Assn. v. International Tooth Crown Co.Supreme Court of the United States · 1904
- Myers v. HettingerCourt of Appeals for the Eighth Circuit · 1899
- Centaur Co. v. MarshallU.S. Circuit Court for the District of Western Missouri · 1899
3Cited by3 opinions
- Huasteca Petroleum Co. v. United StatesDistrict Court, E.D. New York · 1926
- Hawks v. YanceyDistrict Court, N.D. Texas · 1924
- Ktistakis v. The Liberian S.S. StarDistrict Court, E.D. Virginia · 1958