Carpenter v. Winn
Supreme Court of the United States
CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. In an action wherein David J. Winn was plaintiff and Joseph N. Carpenter, and others, defendants, the plaintiff Winn obtained an order from the court requiring the defendants to produce certain books and papers said to contain evidence material to make out the plaintiff’s case.
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CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. In an action wherein David J. Winn was plaintiff and Joseph N. Carpenter, and others, defendants, the plaintiff Winn obtained an order from the court requiring the defendants to produce certain books and papers said to contain evidence material to make out the plaintiff’s case. The order required the defendants to produce “all of their books, papers, writings, account books, day books, blotters, journals, registers, cash books, check books, contracts, contract slips and memoranda, made or received by them, their agents and…
1Opinion of the CourtJustice Lurton
The question is whether under § 724 of the Revised Statutes, a court of law may compel one party to an action to produce, in advance of the trial, books and papers for examination and inspection of his adversary.
Section 724 is substantially the fifteenth section of the Judiciary Act of 1789. It reads as follows:
“In the trial of actions at law, the courts of the United States may, on motion and due notice thereof, require the parties to produce books or writings in their possession or. power, which contain evidence pertinent to the issue, in cases and under circumstances where they might be…
2Cases cited3 opinions
- Bas v. SteeleUnited States Circuit Court · 1818
- Dunham v. RileyU.S. Circuit Court for the District of Pennsylvania · 1821
- Hylton v. BrownU.S. Circuit Court for the District of Pennsylvania · 1806
3Cited by99 opinions
- People Ex Rel. Lemon v. Supreme CourtNew York Court of Appeals · 1927
- Sinclair Refining Co. v. Jenkins Petroleum Process Co.Supreme Court of the United States · 1933
- Kunglig Jarnvagsstyrelsen v. Dexter & Carpenter, Inc.Court of Appeals for the Second Circuit · 1929
- United States v. Certain Parcels of LandDistrict Court, S.D. California · 1953
- United States v. GilboyDistrict Court, M.D. Pennsylvania · 1958
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