Carrara Paint Agency Co. v. Carrara Paint Co.

Citations

• 137 F. 319
• 1905 U.S. App. LEXIS 5226

Syllabus

<p>1. Depositions—Federal Courts—Following State Practice.</p> <p>Under Act March 9,1892, c. 14, 27 Stat. 7 [U. S. Comp. St. 1901, p. 664], which provides that in addition to the mode of taking depositions in actions in federal courts “it shall be lawful to take the deposition or testimony of witnesses in the mode prescribed by the laws of the state In which the courts are held,” where the laws of a state in which a court is held provide for the issuance of a commission by the clerk to take depositions of witnesses on interrogatories attached on notice to the adverse party, such practice may properly be followed in the federal court with respect to the taking of depositions of witnesses residing in other districts or states.</p> <p>[Ed. Note.—Conformity to state practice in taking depositions, see notes to O’Connell v. Reed, 5 C. C. A. 602; Nederland Life Ins. Co. v. Hall, 27 C. C. A. 392.]</p> <p>2. Same—Limiting Number of Witnesses.</p> <p>A party will not be limited in advance as to the number of witnesses whose testimony he may take by deposition, unless it appears from the nature of the issues that the number is unreasonable and unnecessary.</p>