The Juniata/Opinion of the Court

The Juniata
Opinion of the Court by Morrison Waite
728502The Juniata — Opinion of the CourtMorrison Waite

United States Supreme Court

91 U.S. 366

The Juniata


The depositions in question were taken since the appeal, under a commission issued from the Circuit Court. Further proof in the case has not been ordered by this court. No such order would have been granted if application therefor had been made, unless a sufficient excuse was shown for not taking the evidence in the usual way before the courts below. This was the rule established in the case of The Mabey, 10 Wall. 419. We cannot admit depositions taken under a commission from the Circuit Court, except upon a similar showing. That has not been made. Leave is granted to renew the motion if this defect can be supplied.

Motion denied,

Notes edit

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).

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