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10 F. 666

Wooster v. Howe Machine Co.

United States Circuit Court for the Southern District of New York · decided 1882-02-10

<p>1. Practice — Extension on Time to Take Testimony.</p> <p>The time to take testimony extended, where such testimony, if admissible under the answer, applies equally to other cases in which the time to put in proofs had not expired.</p>

2 counsel of record

Good law ✅— No negative treatment on recordhow we know

Decided 1882-02-10

How this case has been cited

Cited by 5 later decisions — most recently May 1903

1 federal appellate ·

20188218901900decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶11. Practice — Extension on Time to Take Testimony.

¶2The time to take testimony extended, where such testimony, if admissible under the answer, applies equally to other cases in which the time to put in proofs had not expired.

¶3In Equity.

¶4F. PI. Betts, for plaiñtiff.

¶5J. F. Dillon and W. H. L. Lee, for defendants.

¶6Blatcheobd, C. J.

¶7In this case, and in the cases against Schenck and the Singer Company, if these three cases stood alone, and there were not the two cases in which the three months have not expired, and in which the testimony referred to in the notice of motion has been or can be put in, I should regard the defendants as precluded by laches and by their stipulation from asking for the extension in these three cases to put in such testimony. But, as the testimony will apply to every case equally with every other case if admissible under the answer in the ease, it seems proper, as the testimony is not fully closed, to allow the extension for the purpose named in the notice, subject to all objections to be made, or already made, on the record to its admissibility or relevancy, except the objection that the time, to take it has expired.

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