In re National Equipment Co.

Citations

• 195 F. 488
• 115 C.C.A. 398
• 1912 U.S. App. LEXIS 1405

Syllabus

<p>1. Depositions (§ 9*)—Testimony De Bene Esse—Right to Take.</p> <p>The right of a party under Rev. St. § 863 (U. S. Comp. St. 1901, p. 661), to have testimony taken de bene esse where the witness lives more than 100 miles from the place of trial, etc., cannot be taken away by a federal District Court or any judge.</p> <p>[Ed. Note.—For other cases, see Depositions, Cent. Dig. § 4; Dec. Dig. § 9.*]</p> <p>2. Equity (§ 349*)—Testimony in Open Court—Right to Compel.</p> <p>Under Supreme Court rule 67, as amended in 1861 (1 Black. C), so as to provide that, on notice by either party in equity that he desires the testimony to be adduced orally, the witnesses shall be examined before one of the examiners, and as amended in 1893 (149 U. S. 793, 13 Sup. Ct. iii, 37 „L. Ed. 1235), providing that, on notice, the court may permit the whole or any part of the evidence to be adduced orally in open court on final hearing, either party may compel the taking of all the testimony, except de bene esse, orally by giving notice; the court being empowered in its discretion to take the place of the examiner, as to the whole or any specific part of the evidence.</p> <p>[Ed. Note.—For other cases, see Equity, Ceut. Dig. §§ 731, 732; Dec. Dig. § 349.*] ■</p>