Legal Opinion

United States v. Cameron

District Court, E.D. Missouri

Decided April 7, 1883PublishedCited by 8 opinions

Indictment for Conspiracy to Defraud the United States of 100,000 acres of land. Motion of defendants for a dedimus potestatem to take the depositions of witnesses residing in Iowa, Wisconsin, and Dakota.

1Opinion of the CourtMcCrary, J.

Section 866 of the Revised Statutes of the United States provides that “in any case where it is necessary, in order to prevent a failure or delay of justice, any of the courts of the United States may grant a dedimus potestatem to take depositions according to common usage. * * *”

The district attorney insists that this statute does not authorize the action called for by the present motion; and he has, in a learned and elaborate argument endeavored to establish the proposition that this statute applies only to civil causes. We do not concur in this view. Under the terms of the statute a…

2Cases cited2 opinions

  1. United States v. ReidSupreme Court of the United States · 1852
  2. Ross's Executors v. HoltzmanU.S. Circuit Court for the District of District of Columbia · 1828

3Cited by8 opinions

  1. United States v. SoblenDistrict Court, S.D. New York · 1961
  2. Tom Ung Chai v. BurnettCourt of Appeals for the Ninth Circuit · 1928
  3. Clymer v. United StatesCourt of Appeals for the Tenth Circuit · 1930
  4. United States v. AusmeierDistrict Court, E.D. New York · 1946
  5. United States v. HofmannDistrict Court, S.D. New York · 1938

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