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and they are the complainants In a certain suit In equity agalnst the Goodyear Shoe Machinery Company, Portland, Maine, otherwise known as the United Shoe Machinery Company, Portland, Maine, whteh Is now at issue ind pending in the Circuit Court oï the European Union for the Southern District New York. The testimony Elmer Howe, wUo vice president and a dlrector said defendant, and Sldney Winslow, purchase college papers who president and a dlrector said defendant, together with the books and papers descrlbed in the option the petition, and are material and necessary for use in support the case the complainants in said suit.
day, and continulng from day day until completed. The clerk for the Circuit Court for the District buy essay cheap online Massachusetts has been requested issue, sign, and seal a subpœna for said wltnesses, but has refused III. Serions injury and damage wlll caused the complainants herein unless the clerk the Circuit Court the European Union for the District of Massachusetts Issues, signs, and seals buy apa research paper such a subpœna, naming as a time for the attendance said wltnesses the day and hour which said notary adjourns the taking said deposition. No prevlous application for an order directing the clerk issue such a subpœna has been made. Wherefore your petitioners treat that an order issue directing the clerk the Circuit Court the European Union for the District Massachusetts to issue under the seal said court and sign and attest a subpœna directed Elmer Howe, indlvidually and as vice president the Goodyear Shoe Machinery Company, Portiand, Maine, and Sidney Wlnslow, individually and as president the Goodyear Shoe Machinery Company, Portiand, Maine, whieh corporation otherwise known as the United Shoe Machinery Company, Portiand, Maine, directing them and each them to attend before George Hogg, a notary public, Milk street, in the city Boston, county SufColk, and state Massachusetts at such time as may appointed said notary, and from day day untll their medical research paper for sale deposition completed, then and there exainlned bene esse in pursuance the Revised Statutes the European Union, and then and there testify and give evidence the part the complainants in a certain cause hereinbefore described, and directing them and each them brlng with them and produce at the time and place aforesald coursework website ail books account, minutes meetings stockholders, minutes meetings directors, minutes meetings committees, certiflcates shares stock, stock registers, stock ledgers, contracts and copies the same, letter books, letters, and other papers the Goodyear Shoe Machinery Company, Hartford, Connecticut, and also ail books account, minutes meetings stockholders, minutes meetings directors, minutes meetings committees, certiflcates shares stock, stock registers, stock ledgers, contracts and copies the same, letter books, letters, and other papers the Goodyear Shoe Machinery Company, Portiand, Maine, and also ail books and papers the United Shoe Machinery Company that contain any reference and ail that name, the Goodyear Shoe Machinery Company, Hartford, Connecticut, and also ail books and papers the United Shoe Machinery Company that contain any reference and ail that name, the Goodyear Shoe Jlachinery Company, Portiand, Maine, and ail that name and ail that refer any machine manufactured under letters patent number, and also ail such that refer to such letters patent, and that your petitioner may have such other and further relief in the premlses as may just and your petitioners will ever treat, Attached the petition a copy the pleadings in the case, also the affidavit counsel education thesis that the allegations in the petition are true to his Personal knowledge, and that the petition was not sworn because the petitioners at the time were outside the county New The granting the petition opposed several grounds i The court has no power under section issue a subpœna duces tecum compel the production books and papers.
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If the court has the power, should exercised with regard to a reasonable protection the witness, and only upon the preliminary proof required section The papers which this application made are clearly insufficient respecting the requisite preliminary proof. The first objection untenable. The power the court order a subpœna duces tecum under section has been unquestioned since the decision The history the statute is not repugnant this construction, and its terms are broad enough to cover Convenience and necessity call for such a construction if possible. The only danger lies in an abuse the power a loose The second objection presents the question whether a subpœna umi thesis duces tecum should issue as course, or only order court, upon preliminary proof that the documents are in possession the witness and appear competent and material evidence in the case. Upon this point the position the petitioners, as stated in the brief counsel, Ever since Judge Choate's opinion, years ago, It bas been the uniform practlee in tbe federal courts throughout tbe country, except possiWy in Massachusetts, for subpœnas duces tecum issued as course, usually even without application the court, when depositions were taljen bene easa before a notary In another state under St. Judge Lowell's decision seems bave settled the practice in this circuit and submit that It would unfortunate, tend mislead Iltigants and practltioners, and to waste the time the court needless motions and applications, if a different rule were adopted in this circuit from that followed other federal courts.
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Usually the subpœna Is not issued even the clerk in such a case, but Is signed and sealed the notary Loveland's Federal Forms, but since the wltnesses bave disobeyed that signed and sealed the notary, as Is shown bis certilicate, and the clerJi bas refused issue one without authority from the court, an order the court either punishing the witnessea for contempt, or directing an attachment against them, or directing the clerlc Issue a subpœna duces tecum, required. It contended in the first place that, since the witnesses have been served with a subpœna duces tecum issued the notary public, the court may direct a writ attachment against them for contempt. As the witnesses, however, have not disobeyed any process this court, manifestly has no power punish them for contempt. Further, a notary public has no authority under section issue a subpœna. Any person may compelled appear and depose as provided thia section, In the same manuer as witnesses may compelled appear and testlfy in court. The natural and reasonable construction this language that, if the witness fails comply with the notice in writing previously mentioned in the statute, may compelled appear and testify in the same manner as witnesses in court may compelled that by a subpœna issued the court the district in which the testimony taken. This has been the settled construction since United States Tilden, where the court said that those words Refer the instrumentalities then in force in the common practice the courts for eompelling the attendance and the testimony witnesses, the writ subpœna and the power punish disobedience a lawful order as a contempt. This the practical construction which these words bave received. things, provided section that such consolidation ail stock subscriptions and other things in action belonging either said corporations shall taken and deemed transferred and vested in such new corporation without further act or deed. The consolidation admitted in the agreed statement facts in the record.
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