The Gypsum King
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Motion to take new proofs on appeal.
1Opinion of the Court
WARD, Circuit Judge.
Under the former practice of this court the parties might take new proofs at will, though the depositions of witnesses who had deliberately not been examined, or who might have been called at the trial, might be suppressed on motion. Singlehurst v. La Compagnie Genérale Transatlantique, 50 Fed. 104, 1 C. C. A. 487; The Venezuela, 52 Fed. 873, 3 C. C. A. 319. The present rules 1 and 7 of this court in admiralty changed the practice, permitting new proofs to be taken only by leave of the court. The appellant seeks to examine two sea-faring witnesses in this court. Its…
2Cases cited2 opinions
- Singlehurst v. La Compagnie Generale TransatlantiqueCourt of Appeals for the Second Circuit · 1892
- Insurance Co. of North America v. VenezuelaCourt of Appeals for the Second Circuit · 1892