[Download] "Parker v. Hot Shoppes" by District of Columbia Court of Appeals. # Book PDF Kindle ePub Free
eBook details
- Title: Parker v. Hot Shoppes
- Author : District of Columbia Court of Appeals.
- Release Date : January 14, 1946
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
CAYTON, Chief Judge. The basic question on this appeal is whether a notice of taking the deposition of a party is sufficient when served upon counsel for that party without serving a subpoena upon the party personally. Counsel for plaintiff took the position that such notice, served upon him, did not require him to produce the plaintiff for examination. He steadfastly maintained that position throughout a series of motions which were successively presented to three different Judges of the trial court over a five month period. The last of these motions resulted in a dismissal of the action, and this appeal by plaintiff followed. Plaintiff had sued for damages for personal injuries caused by tainted food allegedly served in defendant's restaurant. Defendant in its answer made a general denial and at the same time served upon plaintiff's attorney a notice of taking depositions of plaintiff by oral examination, under Rule 27 of the trial court (which is the same as Rule 30, Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c). The time was set for some seventeen days later and the place designated was the office of defendant's counsel. At that time and place plaintiff's attorney appeared without his client and announced that it was the duty of the defendant's counsel to have subpoenaed the plaintiff if he wished her presence. Nothing was then accomplished.