Hudson v. Grafflin
Court of Appeals for the Fourth Circuit
TMs was a libel by George W. Grafflin against tbe barge Glide (George P. Hudson, claimant). Judgment was rendered in the district court for the libelant. Tbe claimant appealed, and now moves for leave to take testimony pending Ms appeal.
1Opinion of the Court
SIMONTON, Circuit Judge.
TMs is a petition in behalf of the claimant, praying that he be allowed to examine certain witnesses, pending tbe appeal in tbis court The prayer of the petition is resisted by the appellee.
We have no special rule bearing on tMs case. It is governed by rule 8,1 conforming our practice to that of the supreme court The application is not a matter of right The court in each case *720determines whether or not the prayer of the petitioner should be granted, and it will never be granted unless some satisfactory reason is shown why witnesses were not produced and examined in the…
2Cases cited6 opinions
- The MabeySupreme Court of the United States · 1870
- Red River Line v. CheathamCourt of Appeals for the Fifth Circuit · 1894
- J. T. Lunn Co. v. CameronCourt of Appeals for the Fifth Circuit · 1893
- Sorensen v. KeyserCourt of Appeals for the Fifth Circuit · 1892
- Insurance Co. of North America v. VenezuelaCourt of Appeals for the Second Circuit · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Crosby Transp. Co. v. SautterCourt of Appeals for the Seventh Circuit · 1912