Magone v. Colorado Smelting & Mining Co.

HUNT, District Judge.

In equity. On motion of the complainant for a commission to take the testimony of witnesses who live outside of the district of Montana.

If the complainant were seeking to procure a dedimus, as specified in section 866, Rev. St. U. S. [U. S. Comp. St. 1901, p. 663], it would be necessary that he make a showing of the necessity for taking such deposition to prevent the failure or delay of justice. I *848believe it to be essential, in order for one to avail himself of the right to a dedimus under this statute, that there should be a well-grounded apprehension of a failure or…