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29 F. Cas. 862

Wheaton v. Love

U.S. District Court

Decided November 15, 1807

U.S. District Court · decided 1807-11-15

TPIE COURT refused to put off the trial of this cause on account of the non-payment of the former costs;- the cause having been reinstated on payment of costs. [Case No. 17.484.] objected to the deposition of J. McCanahan. taken under the act of congress. 1. The certificate does not state it to be a civil cause, but only in a suit. 2.

Decided 1807-11-15

THE COURT

¶1(nem. con.) refused to receive the deposition, because the mayor of Norfolk, before whom it was taken, had not certified such a cause of caption as the law requires. The plaintiff became nonsuit: and upon his motion the cause was ordered to be reinstated on the 15th, if the whole costs should be paid before that time.

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