Luten v. Camp

Citations

• 221 F. 424
• 1915 U.S. Dist. LEXIS 1590

Syllabus

<p>1. Courts <§=>351—Equity Rules—Waiver oe Answer Under Oath.</p> <p>Under equity rule of practice 58 (198 Fed. xxxiv, 115 C. C. A. xxxiv), providing for the filing of interrogatories by either party at any time after filing the bill or answer, and not later than 21 days after the joinder of issue, for discovery from the party of facts and documents necessary to the support or defense of the cause, when construed with the rules prescribing the pleadings, and in view of the recognized purpose of the rules to simplify pleading and expedite the taking of testimony and the final hearing, the interrogatories are no longer part of the pleadings, as they formerly were, and a waiver of oath to the answer does not relieve the defendant from answering the interrogatories.</p> <p>[Ed. Note.—For other cases, see Courts, Cent. Dig. § 924; Dec. Dig. <§=>351.]</p> <p>2. Courts <§=>351—Equity Rules—Matters Inquired About—Evidence.</p> <p>Under equity rule of practice 58 (198 Fed. xxxiv, 115 C. C. A. xxxiv), entitling plaintiff to a discovery of facts material to the support of the causo, and authorizing the court or judge to make orders for the production of documents in the possession of either party containing evidence material to the cause of action or defense of the other party, a party may interrogate his adversary as to the facts on which his cause of action is based, but not as to more evidence or facts tending to prove the nature of the case, or facts tending to prove the main facts.</p> <p><S^»For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p> <p>[Ed. Note.—For other cases, see Courts, Cent. Dig. § 924; Dec. Dig. <©=>351.]</p> <p>3. Patents <©=>292—Equity Rules—Matters Inquired About—Materiality.</p> <p>In a suit against a county, a bridge contractor, and a bridge designer to restrain an infringement of a patent for reinforced concrete construction, proof that the contract for the bridge and the blueprints contained therein infringed the