Richter v. Jerome
U.S. Circuit Court for the District of Eastern Michigan
In Equity. On motion to set aside order pro confesso, and for leave to answer. This was a bill to take testimony de bene esse.
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In Equity. On motion to set aside order pro confesso, and for leave to answer. This was a bill to take testimony de bene esse. The bill stated, in substance, the filing of a bill by the plaintiff, in the Western district of this state, against the defendants in this bill, the object of which was to charge with a lien certain lands lying in that district; that defendants demurred to this bill for want of equity; that the demurrer was sustained, and the bill dismissed; that the cause is now pending on appeal in the supreme court of the United States, and that it will not be reached within two…
1Opinion of the CourtBrown, J.
This bill is an anomalous one. So far as we are informed there is no case to be found in the reports of this country of a bill solely to perpetuate testimony. To entitle the party to maintain a bill of this description the plaintiff must aver: (1) That there is a suit depending in which the testimony of the witnesses named will be *681■material. Story, Eq. § 307. (2) That the suit is in such condition that the depositions cannot bo taken in the ordinary methods prescribed by law, and that the aid of the court of equity is necessary to perpetuate the testimony. (3) The facts which the plaintiff…
2Cases cited3 opinions
- BUTCHERS'BENEVOLENT ASSOCIATION v. Crescent City Live-Stock Landing and Slaughter-House Co.Supreme Court of the United States · 1870
- Richter v. Union Trust Co.Supreme Court of the United States · 1885
- The ArgoSupreme Court of the United States · 1817
3Cited by2 opinions
- Arizona v. CaliforniaSupreme Court of the United States · 1934
- Levy v. KirbyCourt of Chancery of Delaware · 1937