Atchison, Topeka & Santa Fé Railroad v. United States
United States Court of Claims
On the defendants'1 Motion. The Reporters’ statement of the case: The facts upon which these motions were considered sufficiently appear in the opinion of the court.
1Dissent
Drake, Ch. J.,
dissenting :
I dissent from the opinion just read, upon grounds which I will now state.
The defendants, wishing to obtain the deposition of C. L. White, who verified the petition, representing himself to be auditor of the claimant, ask the court for an order, under section 3080 of the Eevised Stautes, for him to appear before a commissioner of the court for examination on oath touching all matters pertaining to the claim sued on.
It is not averred that there is any legal obstacle to examining him in the ordinary way prescribed by the rules of the court for the taking depositions.…
2Cases cited4 opinions
- Adams v. RussellIllinois Supreme Court · 1877
- Greene v. Chickering & McKaySupreme Court of Missouri · 1846
- Juneau Bank v. McSpedonWisconsin Supreme Court · 1862
- Macauley v. United StatesSupreme Court of the United States · 1875