Legal Opinion

Richter v. Union Trust Co.

Supreme Court of the United States

Decided May 4, 1885No. 839PublishedCited by 7 opinions

ORIGINAL MOTION IN A CAUSE PENDING ON APPEAL PROM THE OIR- ' QUIT COURT OF THE' UNITED STATES FOR TEE WESTERN DISRIOT OF MICHIGAN. This was a motion to take testimony de lene esse in a cause pending in this court, on appeal.

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ORIGINAL MOTION IN A CAUSE PENDING ON APPEAL PROM THE OIR- ' QUIT COURT OF THE' UNITED STATES FOR TEE WESTERN DISRIOT OF MICHIGAN. This was a motion to take testimony de lene esse in a cause pending in this court, on appeal. The motion was founded upon the affidavit of appellant that the bill below was taken pro confesso as to the Union Trust Company; that the other defendant demurred and the demurrer was sustained, and the cause was here on appeal from the judgment dismissing the bill on the demurrer; that it could not be reached for hearing “ until the lapse of at least two or three years…

1Opinion of the CourtChief Justice Waite

This motion is denied. Equity Rule 70 has'ho application to this case, and the affidavits presented do not show such facts as render it necessary for this court to make any special order in tiie premises. Under Rev. Stat. § 866 “ any Circuit Court, upon application to it as a court of equity, may, according to the uses of chancery, direct depositions to be taken in perpetuam rev rnemoriarn, if they relate to any matter that may be cognizable in any court of the United States.” There is nothing in the motion papers to indicate that the appellant may not proceed under this statute to take and…

2Cited by7 opinions

  1. Arizona v. CaliforniaSupreme Court of the United States · 1934
  2. Aetna Life Ins. Co. of Hartford, Conn. v. HaworthCourt of Appeals for the Eighth Circuit · 1936
  3. Westinghouse Mach. Co. v. Electric Storage Battery Co.Court of Appeals for the Third Circuit · 1909
  4. Thomas v. Hanover Ins. Co.Supreme Court of Louisiana · 1986
  5. Richter v. JeromeU.S. Circuit Court for the District of Eastern Michigan · 1885

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