Wiggins v. Wiggins

U.S. District Court

Decided March 15, 1806

U.S. District Court · decided 1806-03-15

Bill, answer, replication, and dedimus awarded in October. 1804. The cause was set for hearing in October, 1805. A deposition was taken in July, 1805. that the deposition being taken more than six months after the replication, could not be read as evidence o.n the hearing. See Act Assem. Ya. Nov. 29. 1792, p. 07, § 46. contended, that the act of assembly means six months after the cause is set for hearing.

Decided 1806-03-15

¶1But

THE COURT

¶2said, that the words of the act of assembly, were too clear and positive to admit of a doubt, and this court cannot say, that a practice, not sanctioned *1170-by any judicial decision, and in opposition to the express words of the act, is a correct practice.