U.S. Circuit Court for the District of District of Columbia, 1822

Bank of United States v. Kurtz

U.S. Circuit Court for the District of District of Columbia · Decided October 15, 1822

2 D.C. 342; 2 F. Cas. 702; 2 Cranch 342

Opinion of the Court

The plaintiff having been served with notice to produce the plaintiff’s books, the-defendant’s counsel moved the Court, just as the cause was called for trial, for judgment of nonsuit, under the 15th section of the Judiciary Act of 1789, [1 Stat. at Large, 73,] for not producing the books.

Mr. Key, for the defendant,

contended that he was yet in time to make the motion for an order to produce the books: and that notice of the motion was not necessary as there had been a notice served on the plaintiff to produce them at the last term; he accordingly now made the motion ; but it being the last time of calling the docket, and the cause being called for trial, the Court continued it to the next term.

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