Court of Appeals for the Ninth Circuit May 6, 1901, No. 654 (Owyhee Land & Irrigation Co. v. Tautphaus)

GILBERT, Circuit Judge,

after stating the case as above, delivered the opinion of the court.

The ruling of the circuit court in entering the default against the plaintiff in error was based upon section 724 of the Revised Statutes, which reads as follows:

“In the trial of actions at law, the courts of the United States may, on motion and due notice thereof, require the parties to produce books or