Page:Federal Reporter, 1st Series, Volume 10.djvu/541

 GEEaORT ». CHICAGO, MILWAUKEE & ST. PAUL E. B. 529 �remedy by injunction does not continue, and to say that such remedy does not exist, is not to say that any "right" of hers is not to be en- foreed in thf same manner as before the Revised Statutee were en- acted. The demurrer is allowed, with costs. ���Gbegorx V. Chicago, Milwaukee & St. Paul E. E. �Haeris V. Same. �Meighen V. Same. �{Oireuit Court, V. lowa, N. D. 1882.^ �1. Practice— PnoDUCTiON of Books, etc. �In requiring the production of books or writings in evidence in actions at law, federal courts are not governed by the provisions of state statutes, but by the provisions of section 724, Kev. St. �2. Same— DisORETioN of Court. �In orderingthe production of books, etc., in evidence, the court will exercise its discretion, f ollowing the practice, in such cases, in chancery. �At Law. �Love, D. J. We are not governed, as counsel seem to suppose, by the provisions of the lowa Code in determining this motion, but by the following provisions of the act of congress : �Section 724, Eev. St. " Power to order production of books and writings in actions at law." �" In the trial of actions at law the courts of the United States may, on mo- tion and due notice thereof, require the parties to produce books or writings in their possession or power wliieh coiitain evidence pertinent to the issue in cases under circumstances where they might be compelled to produee the same by the ordinary rules of proceedings in chancery. �" If a plaintifl f ails to comply with such order, the court may, on motion, gi ve the like judgment for the defendants as in cases of nonsuit; and if a defend- ant fails to comply with such order the court may, on motion, give judgment against him by default." �From this provision it is clear that the plaintiff's motion cannot be denied. But how, when, and where the books, etc., shall be pro- duced must be determined by the sound and just discretion of the court. To order the books of a corporation, or any great business firin, to be brought from a distant place, where they may be con- V.10,no.5— 34 ��� �