A Treatise On the Law of Evidence 3
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Pyncent, 3 Atk. 557; 2 Dan. Ch. Pr. 1049, 1144.
5 2 Dan. Ch. Pr. 1144; Osmond v. Tindall, Jac. 627.
e Millo. Mill. 12 Ves. 407.
PART VI.] OF THE EXCLUSION OF EVIDENCE. 349 tion, the application will be granted. 1 The causes which ren- der a witness incompetent have been considered in a preced- ing volume. 2 § 351. In regard to irregularities in the manner of taking depositions, when it is recollected that the mode in which they are to be taken is distinctly prescribed either in statutes or in r...ules of Court or in -both, it is evident that any depart- ure from the rules so prescribed must vitiate the entire pro- ceeding; and accordingly, in such cases, the deposition will be suppressed. 3 The irregularities, when not apparent upon the face of the proceedings, should be shown to the Court by affidavit. But there are other irregularities, occasioned by a departure from rules not expressed in formal orders, but long recognised in chancery practice, for which also depositions will be liable to be suppressed.
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To quickly assess the difficulty of the text, read a short excerpt:
Pyncent, 3 Atk. 557; 2 Dan. Ch. Pr. 1049, 1144.
5 2 Dan. Ch. Pr. 1144; Osmond v. Tindall, Jac. 627.
e Millo. Mill. 12 Ves. 407.
PART VI.] OF THE EXCLUSION OF EVIDENCE. 349 tion, the application will be granted. 1 The causes which ren- der a witness incompetent have been considered in a preced- ing volume. 2 § 351. In regard to irregularities in the manner of taking depositions, when it is recollected that the mode in which they are to be taken is distinctly prescribed either in statutes or in r...ules of Court or in -both, it is evident that any depart- ure from the rules so prescribed must vitiate the entire pro- ceeding; and accordingly, in such cases, the deposition will be suppressed. 3 The irregularities, when not apparent upon the face of the proceedings, should be shown to the Court by affidavit. But there are other irregularities, occasioned by a departure from rules not expressed in formal orders, but long recognised in chancery practice, for which also depositions will be liable to be suppressed.
What to read after A Treatise On the Law of Evidence 3?
You can find similar books in the "Read Also" column, or choose other free books by Greenleaf, Simon, 1783-1853 to read onlineMoreLess
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