Legal Opinion

Merchants' Nat. Bank of Boston v. State Nat. Bank of Boston

U.S. Circuit Court for the District of Massachusetts

Decided October 15, 1868PublishedCited by 12 opinions

Motion by plaintiffs that defendants be required to produce certain documents or writings in their possession.

1Opinion of the Court

CLIFFORD, Circuit Justice.

Power is conferred upon the circuit court, by the fifteenth section of the judiciary act, in the trial of actions at law, on motion of either party, and due notice thereof being given, to require the opposite party to produce any books or writings in his possession or power, which contain evidence pertinent to the issue in cases, and under circumstances where the party might be compelled to produce the same by the ordinary rules of proceeding in chancery. 1 Stat. 82.

Evidently the word “require,” when taken in connection with the subsequent clause of the same section,…

2Cited by12 opinions

  1. Cassatt v. Mitchell Coal & Coke Co.Court of Appeals for the Third Circuit · 1907
  2. Victor G. Bloede Co. of Baltimore City v. Joseph Bancroft & Sons Co.U.S. Circuit Court for the District of Delaware · 1899
  3. Dancel v. Goodyear Shoe Machinery Co.U.S. Circuit Court for the District of Massachusetts · 1904
  4. Bischoffsheim v. BrownU.S. Circuit Court for the District of Southern New York · 1886
  5. Caspary v. CarterU.S. Circuit Court for the District of Massachusetts · 1897

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