Dowagiac Mfg. Co. v. Lochren

Citations

• 143 F. 211
• 74 C.C.A. 341
• 1906 U.S. App. LEXIS 3724

Syllabus

<p>1. Evidence—Production—Court oe Another District Should Compel, Whether Material oe Immaterial.</p> <p>It is not the duty of an auxiliary court or judge, within whose jurisdiction testimony is being taken in a suit pending in the court of another district, to consider or determine the competency, materiality, or relevancy of the evidence which one of the parties seeks to elicit.</p> <p>It is the duty of such a court or judge to compel the production of the evidence, although the judge deems it incompetent, irrelevant, or immaterial, unless the witness or the evidence is privileged, or it clearly and affirmatively appears that the evidence sought cannot possibly be competent, material, or relevant, and that it would be an abuse of the process of the court to compel its 'production.</p> <p>2. Same—This Rule Prevails Alike in Suits in Equity and in Actions at Law.</p> <p>The rule of practice above stated prevails in the taking of testimony before a commissioner or examiner, under rules 67 and 68 in equity, in the taking of testimony before a master empowered to determine the admissibility of evidence under rules 74, 77, 78, 79, and 82 in equity, and in the taking of evidence in actions at law under sections 863, 868, and 869, Rev. St [4 U. S. Comp. St 1901, pp. 661, 664, 665j.</p> <p>(Syllabus by the Court)</p>