Westinghouse Mach. Co. v. Electric Storage Battery Co.

Citations

• 165 F. 992
• 1908 U.S. App. LEXIS 5434

Syllabus

<p>Depositions (§ 11*) — Bill to Perpetuate Testimony — Federal Courts.</p> <p>Under Rev. St. § 8GG (U. S. Comp. St. 1001, p. GG8), which provides that “in any case where it is necessary in order to prevent a failure or delay of justice, any of the courts of the United States may grant a dedimus potestatem to take depositions according to common usage,” on a hill to perpetuate testimony the court must determine whether or not such necessity exists, and a bill which alleges only that defendant threatens to bring a suit against complainant for infringement of a patent, but has delayed doing so: that complainant claims the patent to be invalid, but can only establish such defense by the testimony of certain witnesses who reside in another state — does not state a case of necessity within the statute, the age or condition of health of the witnesses not being shown.</p> <p>[Ed. Note. — ’For other cases, see Depositions, Cent. Dig. § 2G; Dee. Dig. § 11.*]</p>