In re Spofford
U.S. Circuit Court for the District of Southern New York
An order made in the suit of the Farmers’ Loan & Trust Company against the Northern Pacific Railway Company, pending in the circuit court of the United States for the eastern district of Wisconsin, directed that testimony be taken before a master, with leave to- take such testimony outside the district. Pursuant to such order, the master appointed proceeded to take testimony at hlewr York City.
Read the full summary
An order made in the suit of the Farmers’ Loan & Trust Company against the Northern Pacific Railway Company, pending in the circuit court of the United States for the eastern district of Wisconsin, directed that testimony be taken before a master, with leave to- take such testimony outside the district. Pursuant to such order, the master appointed proceeded to take testimony at hlewr York City. A petition was presented on behalf of defendants to the circuit court for the southern district of .New York for subpoenas to testify. Buch subpoenas were issued, and one of them was served on Charles…
1Opinion of the Court
LACOMBE, Circuit, Judge.
'Although still of the opinion heretofore expressed in Arnold v. Chesebrough, 35 Fed. 16, the weight of authority in the circuit courts is so strongly the other way that I feel constrained to grant this motion. Railroad Co. v. Drew, 3 Woods, 691, Fed. Cas. No. 17,434; In re Steward, 29 Fed. 813; Johnson Steel Street-Rail Co. v. North Branch Steel Co., 48 Fed. 191; In re Allis, 44 Fed. 217.
As the witness 'has been in no sense contumacious, but has declined to be sworn or to produce the books only in order to present objections which his counsel not unreasonably supposed…
2Cases cited7 opinions
- Ex Parte KearneySupreme Court of the United States · 1822
- New Orleans v. Steamship Co.Supreme Court of the United States · 1874
- Hayes v. FischerSupreme Court of the United States · 1880
- Johnson Steel Street-Rail Co. v. North Branch Steel Co.U.S. Circuit Court for the District of Western Pennsylvania · 1891
- Western Division of Western N. C. R. v. DrewUnited States Circuit Court for the Northern District of Florida · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- In re HeinzeCourt of Appeals for the Ninth Circuit · 1904
- The William H. BaileyDistrict Court, D. Connecticut · 1900
- United States v. PrattDistrict Court, D. Alaska · 1907