Despeaux v. Pennsylvania R.
U.S. Circuit Court for the District of Eastern Pennsylvania
Motion on behalf of plaintiffs for an order on A. J. Cassatt to testify, under a pending eight-day rule, touching an agreement between the Pennsylvania Railroad Company and the National Transit Company, dated August 22, 1884. These were suits to recover the amount of alleged excessive charges collected upon oil transported by defendant for plaintiffs between July, 1881, and January, 1890, and also to recover treble damages for the collection of such excessive charges, under…
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Motion on behalf of plaintiffs for an order on A. J. Cassatt to testify, under a pending eight-day rule, touching an agreement between the Pennsylvania Railroad Company and the National Transit Company, dated August 22, 1884. These were suits to recover the amount of alleged excessive charges collected upon oil transported by defendant for plaintiffs between July, 1881, and January, 1890, and also to recover treble damages for the collection of such excessive charges, under the provisions of the act of assembly of Pennsylvania approved June 4, 1883 (P. L. p. 72). Mr. A. J. Cassatt had been a…
1Opinion of the Court
DALLAS, Circuit Judge.
The plaintiffs have moved “for an order on A. J. Cassatt, requiring him to testify, under the eight-day rule pending herein,” touching a certain agreement. The eight-day rule referred to was entered under clause 3 of rule 10 of the rules at law *898of this court, which were adopted in or about the year 1882. That clause is as follows:. '
“A rule may be entered by cither party to take the depositions of witnesses, without regard to the circumstance of their being ancient, infirm, or going witnesses, stipulating, however, eight days’ notice to the adverse party; subject,…
2Cases cited1 opinion
- Ex Parte FISKSupreme Court of the United States · 1885
3Cited by4 opinions
- Texas & P. Ry. Co. v. WilderCourt of Appeals for the Fifth Circuit · 1899
- Smith v. International Mercantile Co.U.S. Circuit Court for the District of New Jersey · 1907
- Zych v. American Car & Foundry Co.U.S. Circuit Court for the District of Eastern Missouri · 1904
- Importers' & Traders' Nat. Bank v. LyonsU.S. Circuit Court for the District of Eastern Pennsylvania · 1905