¶1Action of assumpsit. The court decided that «. deposition taken under a rule of court, on twenty-four hours notice, to be read in case -of the inability of the witness to attend; could not be given in evidence without proof of such inability, or that the witness lived beyond the distance to which a subpoena could reach, to compel his appearance. The plaintiff suffered a nonsuit.
20 F. Cas. 349
Read v. Bertrand
U.S. District Court
Decided October 15, 1825
U.S. District Court · decided 1825-10-15
<p>Case No. 11,603.</p> <p>.Deposition — Taken under Rude — Inability op "Witness to Attend.</p> <p>A deposition taken under a rule of court to be read in case of the inability of the witness to •attend, cannot be read, unless such inability be shown, or that the witness lives beyond the reach of a subpoena.</p>
Decided 1825-10-15