Heiberg v. Hasler

BYERS, District Judge.

That the plaintiffs are entitled to take the deposition of the defendant is clear and uncontradicted; the only question for decision is as to the time and place. The affidavit of defendant’s attorney, filed March 13, 1941, is relied upon as to the defendant’s whereabouts, condition of health and intention not to be in this city prior to May 15, next.

She is said to be in Catcay, Bahama Islands, and if it is her preference to be there examined before the nearest consular agent of the United States or otherwise as provided in Federal Rules of Civil Procedure, rule 28(b), 28…