Ex parte Judson
U.S. Circuit Court for the District of Southern New York
This was a motion by the defendants in a suit pending in the circuit court for the district of Massachusetts, brought by Horace H. Day against the Boston Belting Company, ror the issuing of an attachment againt William Judson, for refusing to obey a subpoena issued by this court, requiring him to appear before a United States commissioner, to be examined, de bene esse, as a witness in that suit, under the 30th section of the act of September 24. 1789 (1 Stat. 88), on the…
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This was a motion by the defendants in a suit pending in the circuit court for the district of Massachusetts, brought by Horace H. Day against the Boston Belting Company, ror the issuing of an attachment againt William Judson, for refusing to obey a subpoena issued by this court, requiring him to appear before a United States commissioner, to be examined, de bene esse, as a witness in that suit, under the 30th section of the act of September 24. 1789 (1 Stat. 88), on the ground that he resided more than one hundred miles from the place of trial of such suit.
1Opinion of the Court
NELSON, Circuit Justice.
Several grounds of objection are set up, on the part of the witness, to the granting of this motion. Among other things, it is said that the suit is an amicable one; that the contending parties in it are in fact identical; and that the purpose of examining the witness is to obtain evidence from him, to be used, not in the suit in which the subpoena was issued, but in other cases now pending in which the witness is interested, and in which such evidence may be used to his prejudice. It is also intimated, that the suit is a fictitious one, got up to enable the parties to…
2Cited by2 opinions
- Davis v. DavisU.S. Circuit Court for the District of Massachusetts · 1898
- Johnson Steel Street-Rail Co. v. North Branch Steel Co.U.S. Circuit Court for the District of Western Pennsylvania · 1891