THE "JUNIATA"
Mr. Chief Justice Waite delivered tbe opinion of tbe court.
Tbe depositions in question were taken since tbe appeal, under a commission issued from tbe Circuit Court. Further proof in tbe case has not been ordered by this court. No such order would have been granted if application therefor bad been made, unless a sufficient excuse was shown for not taking tbe evidence in tbe usual way before tbe courts below. This was the rule established in tbe case of The Mabey, 10 Wall. 419. We cannot admit depositions taken under - a commission from tbe Circuit Court, except upon a similar showing.. That' has not been made. Leave is granted to renew tbe motion if this defect can be supplied. Motion denied,'
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THE Hermosa. Maggio v. Mexico Ariz. Trading Co., 57 F.2d 20 (9th Cir. 1932)…issues presented by the pleadings in the first instance. The practice of bolstering up a lost cause by additional testimony ought not to be encouraged.” Pacific Steam Whaling Co. v. Grismore et al. (C. C. A.) 117 F. 68, 70. See, also, The Juniata, 91 U. S. 366, 367, 23 L. Ed. 208; Taylor v. Harwood et al., Fed. Cas. No. 13,794; Tho Busy, Fed. Cas. No. 2,232. We next turn to the stipulation already on file in this court. It is to the effect that tho appellants are prepared to procure witnesses who will es…
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Luksich v. Misetich, 140 F.2d 812 (9th Cir. 1944)…vidence to be introduced in the trial of an admiralty case before it, but such permission is granted only after the court is convinced that a sufficient excuse exists for the failure to present the testimony in the original trial court. The Juniata, 91 U.S. 366, 367, 23 L.Ed. 208; The Mabey, 10 Wall. 419, 77 U.S. 419, 420, 19 L.Ed. 963; The Andrea F. Luckenbach, 9 Cir., 78 F. 2d 827, 829; The Hermosa, 9 Cir., 57 F. 2d 20, 23; The Sirius, 9 Cir., 54 F. 188, 196; Rule 6, Rules in Admiralty, United States Cir…
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Korthinos v. Niarchos, 184 F.2d 716 (4th Cir. 1950)…itional evidence on appeal will be permitted only in exceptional cases where the interests of justice so require and where the party presenting such evidence has exercised due diligence to present it at the earliest possible moment. See The Juniata, 91 U.S. 366, 23 L.Ed. 208; Heros v. Cockinos, 4 Cir., 177 F. 2d 570, 572; Petterson Lighterage & Towing Corp. v. New York Cent. R. Co., 2 Cir., 126 F. 2d 992; Luksich v. Misetich, 9 Cir., 140 F. 2d 812, 814. Another contention made in the case of the Papazogl…
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- The Mabey, 10 Wall. 419 (U.S. 1870)