U.S. Supreme Court
Walsh v. Rogers, 54 U.S. 13 How. 283 283 (1851)
Walsh v. Rogers
54 U.S. (13 How.) 283
In a case of collision upon the River Mississippi between the steamboats Iowa and Declaration, whereby the Iowa was sunk, the weight of evidence was that the Iowa was in fault, and the libel filed by her owners against the owners of the Declaration was properly dismissed.
Ex Parte depositions, under the act of 1789, without notice, ought not be taken unless in circumstances of absolute necessity, or in cases of mere formal proof or of some isolated fact.
The libel was filed by the appellants, in the district court, where they obtained a decree on 1 May, 1848, for $18,500 and costs. An appeal was taken to the circuit court.
On 19 February, 1850, the cause was heard finally in the circuit court, and upon consideration of all the testimony, as well that considered by the district court, as the testimony subsequently taken, and arguments of counsel, the judgment of the district court was declared to be erroneous, was ordered to be reversed and annulled, and the libel to be dismissed at the costs of the appellants.
The libellants then appealed to this Court