Iasigi v. Brown
U.S. Circuit Court for the District of Massachusetts
This was a motion, grounded on affidavit, to compel the production and delivery to the clerk of the court, of certain papers alleged to be material on a trial at law of this action. The existence of the papers and their materiality, were not denied.
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This was a motion, grounded on affidavit, to compel the production and delivery to the clerk of the court, of certain papers alleged to be material on a trial at law of this action. The existence of the papers and their materiality, were not denied. But the motion was resisted on the ground that the party moving had already filed a bill of discovery, covering many of the facts of the case, and, among others, these documents; and though copies of them had not been annexed to the answer, yet their contents were described; and it was urged that, having resorted to this mode of discovery, the…
1Opinion of the Court
CURTIS, Circuit Justice.
By the common law, a notice to produce a paper, merely enables the party to give parol evidence of its contents, if it be not produced. Its non-production has no other legal consequence. This act of congress has attached to the non-production of a paper, ordered to be produced at the trial, the penalty of a nonsuit or default. This is the whole extent of the law. It does not enable parties to compel the production of papers before trial, but only at the trial, by making such a case, and obtaining such an order as the act contemplates. The applicant must show that the…
2Cited by11 opinions
- Cassatt v. Mitchell Coal & Coke Co.Court of Appeals for the Third Circuit · 1907
- Victor G. Bloede Co. of Baltimore City v. Joseph Bancroft & Sons Co.U.S. Circuit Court for the District of Delaware · 1899
- United States v. National Lead Co.U.S. Circuit Court for the District of New Jersey · 1896
- Wilson v. New England Navigation Co.District Court, E.D. New York · 1912
- Caspary v. CarterU.S. Circuit Court for the District of Massachusetts · 1897
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