Legal Opinion
Hunter v. International Ry. Imp. Co.
U.S. Circuit Court for the District of Southern New York
Decided October 13, 1886PublishedCited by 2 opinions
Appeal from Taxation of Costs.
1Opinion of the CourtBrown, J.
As the witnesses lived over 100 miles from the place of trial, the depositions were a necessary preparation for the trial on the part of the plaintiff. Had he waived the use of the depositions by his own action, or by procuring the attendance of the witnesses, he could not tax for the depositions and for the subpoenas and attendance. But the defendant, it appears, procured the attendance of the witnesses; and the depositions being de bene esse only, that is, to be used conditionally upon their non-attendance, the plaintiff was not 'legally entitled to read the depositions when the defendant…
2Cases cited6 opinions
- Stein v. BowmanSupreme Court of the United States · 1839
- The Patapsco Insurance Company v. SouthgateSupreme Court of the United States · 1831
- Guyon v. LewisNew York Supreme Court · 1831
- Barron v. . the PeopleNew York Court of Appeals · 1848
- Pettibone v. DerringerU.S. Circuit Court for the District of Pennsylvania · 1818
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Chemical Bank v. KimmelDistrict Court, D. Delaware · 1975
- Prashker v. Beech Aircraft Corp.District Court, D. Delaware · 1959