De Butts v. Bacon

U.S. District Court

Decided July 15, 1809

U.S. District Court · decided 1809-07-15

offered, at the hearing, to prove certain papers not made exhibits, and cited the 30th section of the judiciary act of 1789 (1 Stat. 8S). The cause was set for hearing upon the.bill, answer, replication, exhibits, and depositions. C. Lee stated it to be the practice in the federal courts to examine witnesses at the hearing, and to have the evidence taken down in writing by the clerk.

Decided 1809-07-15

THE COURT

¶1refused to suffer viva voce testimony to prove a letter, produced by the plaintiff at the hearing, not being an exhibit referred to by the bill or answer.

¶2THE COURT had some doubt upon the 30th section of the judiciary act of 1789, but as the practice both here and in Maryland has been not to receive the testimony at the hearing, and having so decided in the case of Harper v. Marine Ins. Co. [Case No. 6,088], at the last term, in a full court, they rejected the testimony. See the 12th rule of practice in this court