Legal Opinion

De Villeneuve v. Morning Journal Ass'n

District Court, S.D. New York

Decided May 5, 1913PublishedCited by 10 opinions

At Law. Action by Raimond De Villeneuve against the Morning Journal Association. On motion for letters rogatory.

1Opinion of the Court

WARD, Circuit Judge.

Tetters rogatory have very rarely issued in this circuit. The statutes of the United States confer no general power upon the courts to issue them. Section 875, Rev. Stat. U. S. (U. S. Comp. St. 1901, p. 667), does treat of letters issued in cases in which the United States is a party or has an interest, and this has been thought evidence of an intention upon the part of Congress to restrict the inherent power of the court. However, as we execute letters 'rogatory coming from foreign countries, and as this method of getting testimony is most necessary in countries which…

2Cases cited4 opinions

  1. In re Pacific Railway CommissionU.S. Circuit Court for the District of Northern California · 1887
  2. In re Letters Rogatory from First District Judge of Vera CruzU.S. Circuit Court for the District of Southern New York · 1888
  3. Gross v. PalmerU.S. Circuit Court for the Northern District of Illnois · 1900
  4. Spanish Consul's PetitionDistrict Court, S.D. New York · 1867

3Cited by10 opinions

  1. United States v. James P. Staples, Bernard D. Oslin, Richard C. CooperCourt of Appeals for the Ninth Circuit · 1958
  2. In Re Anschuetz & Co., GmbhCourt of Appeals for the Fifth Circuit · 1985
  3. International Society for Krishna Consciousness, Inc. v. LeeDistrict Court, S.D. New York · 1984
  4. Spellman v. SullivianCourt of Appeals for the Second Circuit · 1932
  5. United States v. HofmannDistrict Court, S.D. New York · 1938

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