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4 Va. 441

Emerson v. Berkley & Stone

Virginia Chancery Court

Decided June 15, 1809

Virginia Chancery Court · decided 1809-06-15

THIS was a motion by Mr. Randolph for a subpoena, to summon a witness to give viva voce evidence to some fact upon the hearing.

Decided 1809-06-15

By the Chancellor.

¶1When a party intends to produce viva voce testimony in Court, upon the hearing of a cause, , . , . ' . , , r . , ° which is sometimes done (but without a cross-examination) to prove the execution of deeds, and the hand-writing of letters, or the signatures thereto, and, the like, he should apply before that time for ah order for that purpose, upon an affidavit, giving a proper description of what is intended to be proved, as well as notice to the adverse party of the motion.

¶2Motion at present denied..

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