International Tooth-Crown Co. v. Hanks' Dental Ass'n
U.S. Circuit Court for the District of Southern New York
On Motion to Require Witness to Answer Questions. This is an action at law for the infringement of a patent. Pursuant to section 870 et seq. of the Code of Civil Procedure of the state of New York, plaintiff procured an order directing the examination of the defendant’s officers before trial, and the production at the examination of such books and papers as related to the issues of the action.
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On Motion to Require Witness to Answer Questions. This is an action at law for the infringement of a patent. Pursuant to section 870 et seq. of the Code of Civil Procedure of the state of New York, plaintiff procured an order directing the examination of the defendant’s officers before trial, and the production at the examination of such books and papers as related to the issues of the action. The order also directed such examination to be held before a master of the court, who was named therein. The president of the defendant, Dr. Edmund F. Hanks, appeared before the master, in obedience to…
1Opinion of the CourtLacombe, Circuit Judge
(after stating the facts). Ever since the passage of the act of March 9, 1892, it has been uniformly construed *307in this court as providing additional modes for taking testimony, so as to enable the federal courts to avail of all modes prescribed by the laws of the different states and adapted to the several communities where the courts sit. It is supplementary to section 914, Rev. St. U. B., securing a uniformity in the mode of taking proof, which that section was no doubt intended to secure, hut which it failed to secure under the interpretation of the supreme court in Ex parte Fisk, 113 U.…
2Cases cited3 opinions
- Ex Parte FISKSupreme Court of the United States · 1885
- National Cash-Register Co. v. LelandCourt of Appeals for the First Circuit · 1899
- Myers v. HettingerCourt of Appeals for the Eighth Circuit · 1899
3Cited by2 opinions
- Hartman v. FeenaughtyU.S. Circuit Court for the District of Western New York · 1905
- Smith v. Northern Pac. Ry. Co.U.S. Circuit Court for the District of Washington · 1901