Henning v. Boyle
U.S. Circuit Court for the District of Southern New York
On motion for commission made in a cause at issue on the common-law side of the court.
1Opinion of the Court
EACOMBE, Circuit Judge.
Plaintiff has applied in thé alternative for a commission to take the testimony of a witness in Kentucky, or for a subpoena to require his attendance there. He is mistaken in his practice. The method of taking testimony by commission is cumbersome and unsatisfactory, and not resorted to when the convenient method of taking proof prescribed by section 863, Rev. St. U. S., is available. That section provides for the case of a witness who lives at a greater distance than 100 miles from the place of trial. No order or other direction of the court is required antecedent to…
2Cited by12 opinions
- Dowling v. JonesCourt of Appeals for the Second Circuit · 1933
- Spellman v. SullivianCourt of Appeals for the Second Circuit · 1932
- Crocker-Wheeler Co. v. BullockU.S. Circuit Court for the District of Southern Ohio · 1904
- Audiffren Refrigerating Mach. Co. v. General Electric Co.District Court, D. New Jersey · 1917
- Heister v. Lehigh & N. E. R.District Court, S.D. New York · 1931
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