Atocha v. United States

Drake, Cb. J.,

delivered the opinion of tbe court:

In tbis case tbe Attorney General bled in tbe clerk’s office of this court six interrogatories, intended to be propounded to Juan Fondero, a witness on bebalf of tbe defendants, in tbe city of Mexico, in tbe republic of Mexico, under a commission to be taken out for that purpose.

Tbe claimant moves that tbe said interrogatories be ruled out, for tbe following reasons in substance:

1. That tbe claimant’s brief in tbis case was filed more than six months ago, and no attempt bas heretofore been made to obtain tbis or other testimony from abroad, and…