(DOWNLOAD) "Whan v. Green Star S. S. Corp." by Second Circuit Circuit Court Of Appeals ~ Book PDF Kindle ePub Free
eBook details
- Title: Whan v. Green Star S. S. Corp.
- Author : Second Circuit Circuit Court Of Appeals
- Release Date : January 03, 1930
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
With the appellants general assertion that the principle of comity requires a federal court, whose receiver has possession of documents, to facilitate in every proper manner the production of evidence required for litigation pending in a state court, we are in thorough accord. See Dier v. Banton, 262 U.S. 147, 151, 43 S. Ct. 533, 67 L. Ed. 915. The existence of a federal receivership should not be allowed to hamper litigants in a state court from securing their evidence, provided production or examination of the receivers books and papers can be had without interference with due administration of the receivership. On the other hand, the accident of a federal receivership should give state litigants no greater rights to procure evidence before trial than they would have, if the receivership did not exist. The state court, which has the main suit before it, ought in general to be able to proceed unimpeded by the federal receivership, but nothing more should follow from the fact of a receivership. Therefore we think that the granting by the District Court of a motion for examination of the receivers books before trial should depend, where, as here, there is no suggestion that such examination would interfere with administration of the receivership, upon a ruling of the state court. Whether the books should be examined before trial is a question of state practice. Decisions as to federal practice have nothing to do with it. Many state cases, we are told, have denied the right to examine before trial witnesses who are not parties to the suit; other cases, it is claimed, have recognized the right where special circumstances indicate that justice requires such an examination. Whether such special circumstances exist in the litigation now pending in the state court should be decided by that tribunal, which is familiar with the issues being litigated, rather than by the District Court, where these issues are but incidentally involved. If the state court shall direct examination of the receive or of his books, then on a renewal of the appellants motion the District Court should make the desired order.