Rufus Wheeler Peckham

“ Does not this statute of the state apply in trials at common law in the United States courts sitting in the state where the statute exists?
The case before us is a common-law action; it is one to recover damages for a tort, which is an action of that nature. It was being tried in the state which enacted the statute, and the court was asked to apply such statute to the trial of an action at common law. ”

“ In those states in which it has been held that the court has inherent power to order the examination of a plaintiff in this class of action without the aid of a statute, all has been said that could be urged in favor of such power on grounds connected with public policy and the due and proper administration of justice by the courts. ”

“ Swift v. Tyson, 16 Pet. 1, 18, 10 L. ed. 865, 871; Nichols v. Levy, 5 Wall. 433, 18 L. ed. 596; Watson v. Tarpley, 18 How. 517, 520, 15 L. ed. 509, 511; Ex parte Fisk, 113 U.S. 713, 28 L. ed. 1117, 5 Sup. Ct. Rep. 724. ”