Wood v. Mann
U.S. Circuit Court for the District of Massachusetts
Bill in equity' [by Josiah Wood, Jr., against Samuel H. Mann and others] to set aside a certain conveyance made by the complainant to one John R. Adams (a defendant,) asserted to have been procured by fraud and imposition, upon the plaintiff. The case has already been twice before the court, on interlocutory motions [Cases Nos. 17,951 and 17,952], and was set down for a hearing, at the next September adjournment of the court.
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Bill in equity' [by Josiah Wood, Jr., against Samuel H. Mann and others] to set aside a certain conveyance made by the complainant to one John R. Adams (a defendant,) asserted to have been procured by fraud and imposition, upon the plaintiff. The case has already been twice before the court, on interlocutory motions [Cases Nos. 17,951 and 17,952], and was set down for a hearing, at the next September adjournment of the court. A petition was now filed on behalf of the plaintiff, to take the testimony of a witness, to be used in the cause, at the hearing, upon the ground, that it was material…
1Opinion of the Court
STORY, Circuit Justice.
Of the materiality of the testimony now proposed to be taken, no doubt can be entertained. It goes to establish many of the leading points of fact in controversy between the parties; and if not vital in the cause, it is on all sides admitted to have a most stringent force and pressure. It is under circumstances, so rare and so novel, that this court is called upon to decide one of the most important and delicate questions of practice; than which, indeed, few, if any, can be presented, better deserving of aeliberate consideration, and striking deeper into the foundations…
2Cases cited1 opinion
- Troup v. Sherwood & WoodNew York Court of Chancery · 1818
3Cited by9 opinions
- Barnum v. BarnumCourt of Appeals of Maryland · 1875
- Moehlenpah v. MayhewWisconsin Supreme Court · 1909
- Atkinson v. FelderMississippi Supreme Court · 1900
- State Ex Rel. Gallegos v. District Court, Ninth Judicial Dist.New Mexico Supreme Court · 1936
- Barthlow v. HogeWest Virginia Supreme Court · 1912
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