Page:Federal Reporter, 1st Series, Volume 9.djvu/593

 578 FEDERAL REPORTER. �this may be done in the manuer just stated. There certainly ought not to be any greator degfee of diffiolilty, or circumlocution, in obfcain- ing an exhibition of such relevant and material matter in suits in equity than at law. In each equal care is required, and should be observed by the court, to avoid unnecessary exposure of a party'a, private affairs, or improper prying into his case,— by limiting the order for production and examination, to what is shown to be important to the inover's case. The practice here bas not been uniform; and motions such as that in hand have, I understand, been allowed, with- out even the support of an affidavit. It was always, bowever, I believe, with the acquiescenoe, and yirtual assent of the other side. The practice now indicated is deemed safe and proper and will here- after be pursued. �The plaintiff bas leave to file the required afBdavifc in support of bis motion, and the case will then stand over for one week to allow the defendant to put in a counter affidavit if he sees fit to do so. ���New York & Baltimore Coffeb Polishing Co. v. New York Cofpeb PoLisHiNQ Co., (Limited.)^ �(Oircuit Court, E. D. New T<yrk. December 27, 1881.) �1. Eqtjitt Jueisdictioit — Bill to Pbepetuate Testimont. �A bill for the taking of testimony in perpetuam rei memoriam will not Tse entertained, if the matter in controversy can be made the subject of immedi- ate judicial investigation by the party who files the bill. �2. Eev. St. h 866, 867. �The efieot of the provision of section 867 of the Kevised Statutes is not to exclude testimony taken under section 866, but to permit the courts of the United States to admit in evidence testimony perpetuated according to state law. �3. Invalid Lbttebs Patent — Suits to Anntjl. �Proceedings to annul letters patent are wliolly within the control of United States attorneys. There is no absolute duty imposed upon them to commence such proceedings at the request of any party who declares a patent to be invalid. �In Equity. Demurrer to bill. �Richards de Heald, for plaintiff. �Goodrich, Deady e Platt, for defendant. �Benedict, D. J. Thia case cornes before the court upon a demurrer to the bill. The bill is filed to obtain, at the hands of this court, a direction that the testimony of a witness, named William Newell, may be taken in perpetuam rei memoriam, The provision of statute ��� �