Sargeant v. First Nat. Bank

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

Sargeant v. First Nat. Bank

21 F. Cas. 491, 7 Reporter, 231, 1879 U.S. App. LEXIS 2068

CourtU.S. Circuit Court for the District of Eastern Pennsylvania

DecidedJanuary 25, 1879

StatusPublished

This text of 21 F. Cas. 491 (Sargeant v. First Nat. Bank) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Eastern Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sargeant v. First Nat. Bank, 21 F. Cas. 491, 7 Reporter, 231, 1879 U.S. App. LEXIS 2068 (circtedpa 1879).

Pincite

Opinion

MeKENNAN, Circuit Judge.

The court has no power to make the order asked for. The rule which is binding upon this court provides that no more time than three months shall be allowed for taking testimony without a special order. But suppose the testimony had been taken, the case must take the usual course and wait for its turn on the regular argument list. All that the rule requires is that the evidence shall be in within a fixed time, if not it is at the complainant’s peril, but he is then only deprived of the testimony which diligence would have supplied him with and loses none of his other rights. Motion denied.

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MeKENNAN, Circuit Judge.

The court has no power to make the order asked for. The rule which is binding upon this court provides that no more time than three months shall be allowed for taking testimony without a special order. But suppose the testimony had been taken, the case must take the usual course and wait for its turn on the regular argument list. All that the rule requires is that the evidence shall be in within a fixed time, if not it is at the complainant’s peril, but he is then only deprived of the testimony which diligence would have supplied him with and loses none of his other rights. Motion denied.

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Bluebook (online)

21 F. Cas. 491, 7 Reporter, 231, 1879 U.S. App. LEXIS 2068, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sargeant-v-first-nat-bank-circtedpa-1879.