Anderson
Anderson v. Southern Division of District Court
Opinion
Lead Opinion
Petitioner applied for a writ to require the judge of the District Court to put equity cause, Anderson et al. v. Shipowners’ Association et al., on the March, 1927, calendar for trial at that term. The nature and history of the cause will be found in Anderson v. Shipowners’ Association (C. C. A.) 10 F.(2d) 96 ; Id., 272 U. S. 359 , 47 S. Ct. 125 , 71 L. Ed.
Petitioner sets forth that the ease, after it was in the District Court pursuant to the remand of the Supreme Court, became at issue on the pleadings on February 14, 1927, and was op the term calendar of the District Court on March 7, 1927, to be set for trial in compliance with the rules of that court; ■ that plaintiff asked for a day to be set when trial could be had, after the time for taking depositions would expire, but that the court declined to set the ease, and,'after continuing the same for a week, again declined to set a day for the hearing; that on March 5, 1927, plaintiff notified defendants that he would not take any depositions; that the 30 days in which the defendants could take depositions expired on April 4,1927; that 109 days have elapsed since the cause became at issue by the filing of defendants’ answer;…