A Treatise on the Constitution and Jurisdiction of the Courts of the United States; On Pleading, Practice and Procedure Therein, and on the Powers and Duties of Commissioners of the Circuit Courts, with Forms for Said Courts and

A Treatise on the Constitution and Jurisdiction of the Courts of the United States; On Pleading, Practice and Procedure Therein, and on the Powers and Duties of Commissioners of the Circuit Courts, with Forms for Said Courts and

By (author) 

List price: US$22.40

Currently unavailable

Add to wishlist

AbeBooks may have this title (opens in new window).

Try AbeBooks

Description

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1883 edition. Excerpt: ...is dead, or gone out of the United States, or to a greater distance than one hundred miles from the place where the court is sitting, or that by reason of age, sickness, bodily infirmity or imprisonment, he is unable to travel or appear at court. But it has been held that if the oflicer who takes the deposition does not in his certificate assign any reason for taking it, the deposition will be suppressed.' 1 Harris v. Wall, 5 How. 693; ' Patapsco Ins. Co. v. Southgate, 5 Rhoads v. Selin, 4 Wash. (G. C.) 7l5; Pet. 6U-1; Merrill v. Dawson, ll How. Patapsco Ins. Co. 1: . Southgate, 5 Pet. 375; Tooker v. Thompson, 3 McLean 604; Bell v. Morrison, 1 Pet. 356. 92. 498. What must be shown on the trial to warrant the reading of a deposition.----The statute expressly provides that no deposition de bene esse shall be read in evidence on the trial of a cause unless it is shown--1. That the witness is dead; 2. Or gone out of the United States; Or to a greater distance than one hundred miles from the place where the court is sitting; 4. Or that, by reason of age, sickness, bodily infirmity or imprisonment, he is unable to travel and appear at court.' If at the time the deposition is taken he lives more than one hundred miles from the place of trial, but before the trial occurs he moves to a place less than that distance from the place of trial, his personal attendance would be required, unless other ground exists for reading the deposition, such as residence without the United States, or age, sickness or bodily infirmity unfitting him for travel or attendance upon the court." For forms required in taking depositions de bene esse, see post, " Forms in proceedings before commissioners." 499-Compelling witnesses...show more

Product details

  • Paperback | 360 pages
  • 189 x 246 x 19mm | 644g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236769430
  • 9781236769435