Schmitt v. Continental-Diamond Fibre Co.

N.D. Illinois

Schmitt v. Continental-Diamond Fibre Co.

1 F.R.D. 109, 1940 U.S. Dist. LEXIS 1856

CourtDistrict Court, N.D. Illinois

DecidedJanuary 25, 1940

DocketNo. 41394

StatusPublished

This text of 1 F.R.D. 109 (Schmitt v. Continental-Diamond Fibre Co.) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Schmitt v. Continental-Diamond Fibre Co., 1 F.R.D. 109, 1940 U.S. Dist. LEXIS 1856 (N.D. Ill. 1940).

Pincite

Opinion

BARNES, District Judge.

This matter came on to be heard on the motion of the defendant to retax costs.

The question is as to whether or not the cost and expense of the taking of the deposition of the plaintiff by the defendant should be taxed as costs against the plaintiff, the losing party, and in favor of the defendant.

The rules permit the taking of the deposition and its taking can be said to have been reasonably necessary, — in fact, the court is of the opinion that to have failed to take the deposition would have been negligence. The costs of the taking of the deposition should be taxed against the plaintiff.

An appropriate order may be made at the opening of court on Monday, January 29, 1940, without any other or further notice than this.

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BARNES, District Judge.

This matter came on to be heard on the motion of the defendant to retax costs.

The question is as to whether or not the cost and expense of the taking of the deposition of the plaintiff by the defendant should be taxed as costs against the plaintiff, the losing party, and in favor of the defendant.

The rules permit the taking of the deposition and its taking can be said to have been reasonably necessary, — in fact, the court is of the opinion that to have failed to take the deposition would have been negligence. The costs of the taking of the deposition should be taxed against the plaintiff.

An appropriate order may be made at the opening of court on Monday, January 29, 1940, without any other or further notice than this.

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Bluebook (online)

1 F.R.D. 109, 1940 U.S. Dist. LEXIS 1856, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schmitt-v-continental-diamond-fibre-co-ilnd-1940.