¶1said, that under the act of assembly (Pari. Papers, 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.
13 F. Cas. 957
Jokes v. Greenolds
U.S. District Court
Decided July 15, 1806
U.S. District Court · decided 1806-07-15
Decided 1806-07-15