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" The testimony of any witness may be taken in any civil cause depending in a district or circuit court by deposition de bene esse, when the witness lives at a greater distance from the place of trial than one hundred miles, or is bound on a voyage to sea,... "
United States Reports: Cases Adjudged in the Supreme Court - Page 722
by United States. Supreme Court - 1885
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Reports of Cases Argued and Determined in the Circuit Court of the ..., Volume 1

Elijah Paine, United States. Circuit Court (2nd Circuit) - Law reports, digests, etc - 1827 - 748 pages
...the 30th section of the judiciary act.b And the absence of the witness out of the district, and at a greater distance than one hundred miles from the place of trial, was duly proved. So that the sole question is, whether the cross-examination of the witness precluded...
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The Law Review and Quarterly Journal of British and Foreign ..., Volume 1

International law - 1845 - 550 pages
...subpoenas for witnesses into any other district, provided that, in civil causes, the witness do not live at a greater distance than one hundred miles from the place of trial :) ; and in this country the legislature has provided, that the service of a subpoena or other process...
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A Treatise on the Law of Evidence, as Administered in England and ..., Volume 2

John Pitt Taylor - Evidence (Law) - 1848 - 756 pages
...subpoenas for witnesses into any other district, provided that, in civil causes, the witness do not live at a greater distance than one hundred miles from the place of trial (I) ; and in this country, the legislature has provided that the service of a subpoena or other process...
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The Practice in Civil Actions and Proceedings at Law in Massachusetts: With ...

H. G. O. COLBY - Civil procedure - 1848 - 550 pages
...subpoenas for witnesses into any other district, provided that, in civil cases, the witness do not live at a greater distance than one hundred miles from the place of trial. Where a party has taken the proper measures to secure the attendance of a witness, a capias is issued...
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A Treatise on the Practice of Courts of Admiralty in Civil Causes of ...

Andrew Dunlap - Admiralty - 1850 - 608 pages
...with.1 A deposition de bene esse may be taken and used in a civil cause, when the witness lives at a greater distance than one hundred miles from the place of trial, although his residence be out of the District in which is the place of trial ; and a decision of the...
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Reports of Cases Argued and Adjudged in the Supreme ..., Volume 11; Volume 52

United States. Supreme Court - Law reports, digests, etc - 1851 - 714 pages
...Peters, 617. The court say : ' It was sufficiently shown, at least prima facie, that the witness lived at a greater distance than one hundred miles from the place of trial. This is a fact proper for the inquiry of the officer who took the deposition, and he has certified...
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The Science of Government as Exhibited in the Institutions of the United ...

Charles Bishop Goodrich - United States - 1853 - 364 pages
...attendance is required in criminal causes. In civil causes, the attendance of witnesses who do not reside at a greater distance than one hundred miles from the place of trial may be compelled, although they reside in a state or district other than that in which a trial is to...
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Institutes of American Law, Volume 3

John Bouvier - Law - 1854 - 790 pages
...for witnesses into any other districts, provided that, in civil causes, the witness does not live at a greater distance than one hundred miles from the place of trial, (c) A subp&na extends a protecting influence over the witness when it has been served upon him ; like...
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A Full and Arranged Digest of the Decisions in Common Law, Equity ..., Volume 1

Richard Peters - Law reports, digests, etc - 1860 - 836 pages
...Norfolk." It was sufficiently shown by this certificate, at least prima facie, that the witness lived at a greater distance than one hundred miles from the place of trial. The Patapseo Ins. Co. v. Southgate et al., 5 Peters, 604. 9. The provisions of the thirteenth section...
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An Analytical Digest of the Laws of the District of Columbia: Containing All ...

Michael Thompson - Law - 1863 - 472 pages
...of any witness is necessary in any civil cause in any court of the United Slates, who shall lire at a greater distance than one hundred miles from the place of trial, or is bound on a voyage to sea, or is about to go out of the United States, or out of the District,...
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