Ex parte Beebees
U.S. Circuit Court for the District of Pennsylvania
[Rule upon the Beebees to show cause why the Beebees should not be attached for contempt. By an act of congress, [Act March 2, 1793; 1 Stat. 333, c. 22,] changing the rule of common practice, subpoenas for witnesses may run into districts, other than the one where the court is sitting, provided the witness does not live at a greater distance than 100 miles from the place of holding the court.
Read the full summary
[Rule upon the Beebees to show cause why the Beebees should not be attached for contempt. By an act of congress, [Act March 2, 1793; 1 Stat. 333, c. 22,] changing the rule of common practice, subpoenas for witnesses may run into districts, other than the one where the court is sitting, provided the witness does not live at a greater distance than 100 miles from the place of holding the court. And under this act the Beebees, residing at Ravens-wood in New York, and out of this district, had been served in an equity suit pending at Philadelphia, in it, with a subpoena to appear before the…
1Opinion of the Court
GRIER, Circuit Justice.
The court must, of course, have regard to the actual distance by the usual routes, and not the imaginary rules assumed for the benefit of mail contractors. The residence of the witnesses is accordingly within and not over one hundred miles from the court-house in Philadelphia. We might, therefore, compel the attendance of the witnesses, if a sufficient cause were shown for the exercise of such a power.
We do not think it is the absolute right of the party to compel the personal attendance of witnesses in every civil case, and much less so in cases pending on the equity…
2Cited by1 opinion
- Jennings v. MenaughU.S. Circuit Court for the District of Indiana · 1902