Hartman v. Feenaughty
U.S. Circuit Court for the District of Western New York
At Law. Motion to compel Charles H. Loveland, one of the defendants, to answer questions propounded to him as a witness, under section 863 of the United States Revised Statutes [U. S. Comp. St. 1901, p. 661].
1Opinion of the Court
COXE, Circuit Judge.
This is an action of replevin pending in the Western District of New York. The witness, whose testimony is desired, is Charles H. Loveland who resides at Binghamton, in the Northern District of New York, more than 100 miles from Buffalo, the place of trial. No controversy arises here as to the competency or materiality of the questions asked the witness, as he refused to answer any of them on the ground that, being a defendant and interested in the result, he cannot be examined under oath prior to the trial except as provided by section 870 et seq. of the Code of Civil…
2Cases cited4 opinions
- Hanks Dental Assn. v. International Tooth Crown Co.Supreme Court of the United States · 1904
- Lowrey v. KuswormU.S. Circuit Court for the Northern District of Illnois · 1895
- International Tooth-Crown Co. v. Hanks' Dental Ass'nU.S. Circuit Court for the District of Southern New York · 1900
- International Tooth Crown Co. v. CarterU.S. Circuit Court for the District of Southern New York · 1901
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