Legal Opinion

United States v. Babcock

U.S. Circuit Court for the District of Eastern Missouri

Decided September 15, 1876PublishedCited by 8 opinions

Mr. Henry Hitchcock presented the following: And now comes William Orton, and moves the court to vacate the order granting a subpoena duces tecum for him to appear in said court, and bring with him the papers and books therein mentioned,- for the reason that the order granting such subpoena was improvidently made.

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Mr. Henry Hitchcock presented the following: And now comes William Orton, and moves the court to vacate the order granting a subpoena duces tecum for him to appear in said court, and bring with him the papers and books therein mentioned,- for the reason that the order granting such subpoena was improvidently made. The petition for the order for a subpoena •duces tecum was as follows: Now comes David P. Dyer, attorney of the United States, and petitions for a subpoena •duces tecum in the above-entitled cause, to be addressed to William Orton, and requiring him to appear as a witness in the…

1Opinion of the CourtDillon, Circuit Judge

(with the concurrence of TREAT, District Judge), in delivering, orally, the opinion of the court, in substance said:

We are now preparing to decide the motion presented this morning on behalf of Mr. Or-ton, the president of the Western Union Telegraph Company, to vacate the order for a writ of subpoena duces tecum which has been served upon him.

A petition was presented, in due form, some days ago, for an order for the issuing of spb-poena duces tecum, to be directed to William Orton, who is the president of the Western Union Telegraph Company, to appear as a witness, generally, in the case…

2Cited by8 opinions

  1. American Car & Foundry Co. v. Alexandria Water Co.Supreme Court of Pennsylvania · 1908
  2. Wertheim v. Continental Ry. & Trust Co.District Court, S.D. New York · 1883
  3. In re Eastman Kodak Co.District Court, W.D. New York · 1947
  4. Johnson Steel Street-Rail Co. v. North Branch Steel Co.U.S. Circuit Court for the District of Western Pennsylvania · 1891
  5. United States v. Terminal R. Ass'nU.S. Circuit Court for the District of Eastern Missouri · 1907

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