Pleading And Practice in the Court of Chancery of New Jersey : Containing "an Act Respecting the Court of Chancery" (Revision of 1902) With the Several Supplements And Amendments Thereto ; And Including All Statutes And Rules of Court Relating to Pleading
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(64) If the second day be the only day for which notice could be legally given quaere, may the testimony taken on the second day stand. (65) (59) P. L., 1900, p. 375 ; 2 Comp. Stat, p. 2234, sec. 45. (60) Wallace, &c. Co. v. Leber, 69 N. J. L., 312; Bowler v. Osborne, 75 N. J. L., 903. (61) Wilson V. Cornell, 4 N. J. L., 117. (62) Parker v. Hayes, 23 N. J. Eq., 186. (63) Lock V. P. R. R. Co., I N. J. L., J. 227. (64) Stoll V. Wellborn, 25 N. J. L., J. 198. (65) Stoll V. Wellborn, 25 N. J. L., J.... 198. 4:14 Testimony De Bene Esse. The legislative scheme with respect to the propriety of admit- ting evidence taken under depositions seems to have permitted it to be taken upon the notice required under this section and to be admitted on the trial, only upon proof to the satisfaction of the court that the witness resided or is out of the state and that notice of the taking thereof was given as prescribed by this section. While the legislature might perhaps properly have required the notice to include a statement of the residence and materiality, it is not for the court to add what it deemed proper to require.
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