American Steel & Wire Co. v. Mayer & Englund Co.

Citations

• 123 F. 204
• 1903 U.S. App. LEXIS 4893

Syllabus

<p>1. Voluntary Dismissal—Conditions—Perpetuation of Testimony.</p> <p>Where a defendant has expended time and effort in gathering together testimony, he has thereby acquired a substantial right to the-use of such testimony, and may properly insist that, as a condition to-the dismissal of the suit by complainant, he shall be required to consent to an arrangement by which the testimony taken may be perpetuated and used in any future suit between the parties or their privies involving the same subject-matter.</p>