¶1said, that under the Act of Assembly, (P. P. 279, § 12,) the party who would use such a deposition, must show that the witness is unable to attend, and that the return of the subpoena is not satisfactory evidence to the Court of that fact. The fact was then proved by affidavit, and the deposition was read.
1 D.C. 339
Jones v. Greenolds
District of Columbia District Court
Decided July 15, 1806
District of Columbia District Court · decided 1806-07-15
Assault and battery. contended, that he had a right to read the deposition of Beckwith Green, taken de bene esse, upon showing that a subpoena had been issued to the marshal of the District of Columbia, and returned non est. It was issued only a few days before the sitting of the Court. He cited the ease of Broadwell v. McClish $f Wolves, at April term, 1801, [ante, 4.]
Decided 1806-07-15