A Treatise On the Practice of the Court of Chancery : With An Appendix of Precedents
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2d ed. 611 ; Van Sant. Eq. Pr. 281.) In taking a deposition, it is not necessary for the judge himself to write dowp 505 146 OF THE DIFFERENT KINDS OF BILLS. [Book IV.
the examination of the witness. It is sufficient that he administers the proper oath, and then, after the witness has been examined in his presence, and the examination has been written down by counsel, that he reads it over to the witness before the signing- and certifying thereof. (McDonald v. Garrison, 9 Ab. 34.) And although ...the statute provides that the deposition must be filed in the office of the clerk of the county, within ten days from its date, that provision, it has been held, is directory, only, and in cases calling for that indulgence, may be dispensed with. (Burdell v. Burdell, 1 Duer, 625.) The statute provides that the deposition may be given in evidence, after it shall have been satisfactorily proved that such witness is unable to attend the trial, etc., personally, by reason of his death, insanity, sickness or settled infirmity; or that he has continued absent out of this state, so that his attendance at the trial cannot be compelled by the ordinary process of law.
What to read after A Treatise On the Practice of the Court of Chancery : With An Appendix of Precedents?
You can find similar books in the "Read Also" column, or choose other free books by Barbour, Oliver L. (Oliver Lorenzo), 1811-1889 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
2d ed. 611 ; Van Sant. Eq. Pr. 281.) In taking a deposition, it is not necessary for the judge himself to write dowp 505 146 OF THE DIFFERENT KINDS OF BILLS. [Book IV.
the examination of the witness. It is sufficient that he administers the proper oath, and then, after the witness has been examined in his presence, and the examination has been written down by counsel, that he reads it over to the witness before the signing- and certifying thereof. (McDonald v. Garrison, 9 Ab. 34.) And although ...the statute provides that the deposition must be filed in the office of the clerk of the county, within ten days from its date, that provision, it has been held, is directory, only, and in cases calling for that indulgence, may be dispensed with. (Burdell v. Burdell, 1 Duer, 625.) The statute provides that the deposition may be given in evidence, after it shall have been satisfactorily proved that such witness is unable to attend the trial, etc., personally, by reason of his death, insanity, sickness or settled infirmity; or that he has continued absent out of this state, so that his attendance at the trial cannot be compelled by the ordinary process of law.
What to read after A Treatise On the Practice of the Court of Chancery : With An Appendix of Precedents?
You can find similar books in the "Read Also" column, or choose other free books by Barbour, Oliver L. (Oliver Lorenzo), 1811-1889 to read onlineMoreLess
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