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" Testimony may also be taken in the cause, after it is at issue, by deposition, according to the act of congress. But in such case, if no notice is given to the adverse party of the time and place of taking the deposition, he shall, upon motion and affidavit... "
Rules of Practice of the Circuit Court of the United States for the District ... - Side 32
av United States. Circuit Court (6th Circuit) - 1858 - 78 sider
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volum 11

Virginia. Supreme Court of Appeals, William Waller Hening, William Munford - 1808 - 662 sider
...to, any motion to be made in court, or to the judge thereof in vacation, reasonable notice must be given to the adverse party, of the time and place of taking the same. 29. The clerk shall keep a docket of all injunctions Nivembtc21 put down for dissolution, noting...
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The Office and Duty of a Justice of the Peace, and a Guide to Sheriffs ...

Henry Potter - 1816 - 474 sider
...depositions taken to be used in any cause in court between the same par t S I'. ties, it due notice were given to the adverse party of the time and place of taking ; and if the order lor taking the same were made by the court or some judge or justice thereof, to...
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The Statutes at Large: Being a Collection of All the Laws of Virginia, from ...

Virginia, William Waller Hening - 1823 - 840 sider
...execute the said commission: Provided nevertheless, that in either case reasonable notice shall be given to the adverse party, of the time and place of taking such deposition, and the costs of giving such notice as aforesaid, as well as of taking any deposition...
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The Statutes at Large: Being a Collection of All the Laws of Virginia, from ...

Virginia, William Waller Hening - 1823 - 844 sider
...execute the said commission: Provided nevertheless, that in either case reasonable notice shall be given to the adverse party, of the time and place of taking such deposition, and the costs of giving such notice as aforesaid, as well as of taking any deposition...
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Epitome of the Laws of Nova-Scotia, Volum 3

Beamish Murdoch - 1833 - 254 sider
...evidence in such cause." The 2d clause " Provided that proof be made on oath, " that due notice was given to the adverse party of the " time and place of taking such depositions." 3d clause. This requires that if the witnesses should " be in the pro" vince, or...
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A Digest of the Statute Laws of Kentucky, of a Public and Permanent ..., Volum 1

Kentucky, Charles Slaughter Morehead, Mason Brown - 1834 - 810 sider
...commission. ^ Provided, nevertheless, That in either case reasonable notice shall Notice to be * be given to the adverse party of the time and place 'of taking such given of time depositions; and the costs of 'giving notice as aforesaid, as well as ^.np ^JL^f...
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Reports of Cases at Law and in Equity, Argued and Determined in the ..., Volum 2

Alabama. Supreme Court, George Noble Stewart, Benjamin Faneuil Porter - 1836 - 526 sider
...them ; the other being as above quoted, that the party obtainingthe commission shall give such notice to the adverse party of the time and place of taking the testimony, as the officer granting it shall think proper, and that the adverse party shall have liberty...
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Digest of the Laws of Virginia: Which are of a Permanent Character ..., Volum 1

Joseph Tate - 1841 - 992 sider
...examination of such witnesses de benc ess«; the party praying such commission, giving reasonable notice to the adverse party, of the time and place of taking the depositions. Ibid. 119. § 103. Whenever a general commission shall issue for taking depositions upon...
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United States Reports: Cases Adjudged in the Supreme Court, Volum 42

United States. Supreme Court - 1843 - 460 sider
...interrogatories by the parties or their agents, without filing any written interrogatories. LXVIII. Testimony may also be taken in the cause, after it...cross-examination of the witness either under a commission or by a new deposition taken under the acts of Congress, if a court or a judge thereof shall, under all the...
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Pleading and Practice of the High Court of Chancery, Del 185,Volumer 1-3

Edmund Robert Daniell - 1846 - 856 sider
...may direct, to take the examination of such witness or witnesses de bene esse, upon giving due notice to the adverse party of the time and place of taking the testimony." In what cases resorted to. In what cues, judgment was begun before the ordinary Judge,...
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