Detsch & Co. v. American Products Co.

Appellant, a California corporation, brought an action in a State court of California against appellee, an Ohio corporation, for damages in the sum of $42,168. On petition of appellee, the action was removed to the District Court of the United States for the Northern District of California. There appellant amended its complaint. Appellee answered, praying that the amended complaint be dismissed, and that appellee have judgment against appellant for damages in the sum of $50,000.

Thereafter, on March 26, 1943, appellant gave appellee notice in writing that it would take the depositions of two wit *663 nesses, J. W. Sheedy and H. W. Zimmerman, residents of Los Angeles California, upon oral examination at room 477 of the I. W. Heilman Building in Los Angeles at eleven o’clock A.M. on April 3, 1943. 1 Appellee, by its attorney, M. B. Plant, attended pursuant to the notice, at the time and place specified, but appellant did not attend at that time, by attorney or otherwise. It did at a later time—one o’clock P.M. on April 3, 1943—attend by its attorney, Herbert Pothier, and did then proceed with the taking of Zimmerman’s deposition, but it did not then or at any time proceed with the…