The Common Forms And Rules for Drawing And Answering An Original Bill in Chancery : As Directed And Suggested By the New Orders of Court And Reported Cases

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PUlowi's Heirs v. STmnnmCs Heirs, 3 Yerg. 508.
Depositions in a chancery cause, regularly taken and returned to the clerk's office in due time, ought not to be rejected, because, by the inadvertency of the clerk, they had not been filed with the other papers, and their existence was unknown to the court until after considerable progress had been made in the argument of the cause. Cravens v. Harrison, 3 Litt. 92.
The court of appeals will not reverse a decree in chancery on the ground of deposit
...ions having been improperly excluded, if they see that the final decree ought to have been made against the party in whose favor they were taken, if they had been admitted.
Ibid.
No second deposition of a witness ought to be taken and used in the same suit without leave of the court. Newman v. Kendal, 2 A. K. Marsh, 236.
If, after answer filed and depositions taken, the plaintiff makes new parties and files a new bUl, the depositions previously taken cannot be read against the new defendant. Jones v.


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