Irving v. Sutton

Decided November 15, 1809

District of Columbia District Court · decided 1809-11-15

moved for a commission to take depositions of witnesses residing in England. Notice of the motion had been served on Mr. E. J. Lee, the attorney at law of the plaintiff, who resided in England. Mr. E. J. Lee objected, that the notice under the Act of Virginia, 29th of November, 1792, § 13, p. 279, ought to be given to the party himself or his attorney in fact, or agent, Buddicum v. Kirk, 3 Craneh, 297.

Decided 1809-11-15

The Court

¶1was of opinion that notice of the motion may be given to the attorney at law.

¶2The opinion of Marshall, C. J., in Buddicum v. Kirk, is extrajudicial— a mere dictum — and relates to the notice of the time and place of taking the deposition, not to notice of the motion for a commission.