Huber Baking Co. v. Frank C. Sparks Co.

Layton, J.:

As far as can be ascertained the question presented is one of first impression. The text authorities hold almost uniformly that the Rule was designed for the protection of the deponent or a party other than the examiner on account of the right of unlimited discovery accorded by Rule 26. 1 Dyer-Smith, Federal Examina tians Before Trial, p. 43; 6 Cyc. of Federal Practice (2d Ed.) Sec. 2657; 2 Barron and Holtzoff, Federal Practice and Procedure, Sec. 715. Curiously enough, however, the conclusions of the authors of the texts just cited are at variance with the language of the Rule…