THOMPSON V. SELDEN, 61 U. S. 194 (1857)

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U.S. Supreme Court

Thompson v. Selden, 61 U.S. 20 How. 194 194 (1857)

Thompson v. Selden

61 U.S. (20 How.) 194


The fifteenth section of the Judiciary Act of 1789 authorizes the circuit court, upon motion and the notice thereof, to require a party to produce books or writings &c., and if a plaintiff shall fail to comply with such order, it shall be lawful for

Page 61 U. S. 195

the court, on motion, to give the like judgment for the defendant as in cases of nonsuit.

It is not enough for a defendant to give notice, and then move for a judgment of nonsuit. There must be a motion for an order to produce the books and papers.

This Court again decides that it rests in the sound discretion of the court below to grant or refuse a motion to continue a case, and a writ of error from such a judgment will not lie.

The facts of the case are stated in the opinion of the Court.

Page 61 U. S. 197

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