Wooster v. Clark

United States Circuit Court for the Southern District of New York

Decided August 29, 1881.)

United States Circuit Court for the Southern District of New York · decided 1881-08-29

<p>1. Testimony — Rule 69.</p> <p>Equity rule 69 is imperative that no testimony taken, after time shall he allowed to he read at the hearing.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1881-08-29

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Cited by 4 later decisions — most recently May 1911

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¶11. Testimony — Rule 69.

¶2Equity rule 69 is imperative that no testimony taken, after time shall he allowed to he read at the hearing.

¶3On Motion tp Strike out Testimony.

¶4Blatchford, C. J.

¶5The motion to strike out the testimony taken on the part of the defendants must be granted. Rule 69 is imperative, that no testimony taken after time shall be allowed to be read at the hearing. The plaintiff duly objected on the record to the taking of what was taken, on the ground that it was taken after time, and such objection has never been waived. Moreover, the defendants, after that, specially moved for time to take proofs, and the motion was denied.

¶6The proof of the sale of a binder is sufficient. It is plain that it infringes claims 2, 4, and 5. The granting of the reissue to the plaintiff is sufficient proof of his title to sue.

¶7There must be a decree for the plaintiff.