U.S. Circuit Court for the District of Eastern Pennsylvania, 1879

Prevost v. Gorrell

Prevost v. Gorrell
U.S. Circuit Court for the District of Eastern Pennsylvania · Decided April 30, 1879 · Mekexnan
19 F. Cas. 1302; 7 W.N.C. 264; 1879 U.S. App. LEXIS 2155
Prevost v. Gorrell

Opinion of the Court

MeKEXNAN, Circuit Judge.

The witness must appear before the examiner unless the court excuse him. Ordinarily this would not be done, but here there are special reasons stated -in the affidavit, which are uncontra-dicted, from which it appears that the witness would be subjected to severe loss if he were forced to go to Pottsville. As some of the complainants’ counsel live in Philadelphia, which is not only the witness’ residence, but the place of holding court in the district, and as no inconvenience in taking Mr. Au--denreid’s testimony here before a commissioner is shown, the motion is allowed.

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