United States v. Standard Sanitary Mfg. Co.

Citations

• 187 F. 232
• 1911 U.S. App. LEXIS 5393

Syllabus

<p>1. Courts (§ 349*) — Masters—Jurisdiction—Taking Testimony in Different District.</p> <p>Where an examiner is appointed by the court of the district in which the suit is pending, as authorized by equity rule 67, to take testimony, he may lawfully discharge his duty in another district; the court of that district being authorized to issue subpoenas commanding persons residing within the district to appear and testify before such examiner or master.</p> <p>[Ed. Note. — Lor other cases, see Courts, Dee. Dig. § 349.*]</p> <p>2. Courts (§ 349*) — Masters—Jurisdiction—Taking Testimony in Different District.</p> <p>Where a master is appointed to take testimony in the district in which a suit is pending, and proceeds to take testimony in another district, persons living in the latter district, whose legal domicile is elsewhere, may be compelled to appear, and any person found in sueb district, who answers a subpoena and appears before the examiner, may be lawfully examined.</p> <p>[Ed. Note. — For other cases, see Courts, Dec. Dig. § 349.*]</p> <p>■ 3. Courts (§ 349*) — Examination Before Master — Coercing Witness — Materiality of Testimony.</p> <p>Where witnesses appear before a master taking testimony in a district other than that-in which he was appointed, and on his refusing to answer questions an application is made to the court of such district to coerce the witness, it is the duty of such 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 it cannot be competent, material, or relevant, and that it would be an abuse of process to compel its production.</p> <p>[Ed. Note. — For other cases, see Courts, Dec. Dig. § 349.*]</p> <p>4. Criminal Daw (§ 42*) — Immunity — Privilege as Witness — Sherman Anti-Trust Act — Statutes—Construction.</p> <p>The Sherman act (Act Cong. Feb. 25, 1903, c. 755, 32 Stat. 904 [U. S. C