Legal Opinion
Perry v. Rubber Tire Wheel Co.
U.S. Circuit Court for the District of Southern New York
Decided April 27, 1905PublishedCited by 4 opinions
On Motion to Require Witnesses to Answer Questions.
1Opinion of the Court
TOWNSEND, Circuit Judge.
The counsel herein are engaged in taking depositions under section 863, Rev. St. [U. S. Comp. St. 1901, p. 661], The plaintiff and her husband have refused to.an*837swer certain questions, and counsel for defendant has moved for an order to direct the witnesses to answer said questions. It is thought that the rule laid down in Blease v. Garlington, 92 U. S. 1, 23 L. Ed. 521, should be applied in the taking of such depositions. There is some uncertainty as to the practice in such cases, but the duty of this court is merely to see that the witness is properly protected in…
2Cases cited5 opinions
- Pritchard v. NortonSupreme Court of the United States · 1882
- Blease v. GarlingtonSupreme Court of the United States · 1876
- Wertheim v. Continental Ry. & Trust Co.District Court, S.D. New York · 1883
- Matter of Strong v. . RandallNew York Court of Appeals · 1904
- In re RandallAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by4 opinions
- Dowagiac Mfg. Co. v. LochrenCourt of Appeals for the Eighth Circuit · 1906
- New England Phonograph Co. v. National Phonograph Co.District Court, D. New Jersey · 1906
- Robus & Co. v. American Founders Corp.District Court, W.D. New York · 1934
- In Re Martin, Jr.Ohio Supreme Court · 1942