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miles of travel from the place of holding court to the place where such deposition is to be taken. If the party entitled to notice and his attorney reside in the county where the deposition is to be taken, five days' notice shall be sufficient."

Sec. 25, Chap. 51, Rev. Stat. Ill., also provides: "And it shall also be lawful, upon satisfactory affidavit being filed, to take the deposition of witnesses residing in this State, to be read in suits at law, in like manner and upon like notice as is above provided, in all cases where the witness resides in a different county from that in which the court is held, is about to depart from the State, is in custody on legal process, or is unable to attend such court on account of advanced age, sickness or other bodily infirmity."

SECTION 97. AFFIDAVIT TO BE FILED BEFORE TAKING DEPOSITIONS OF WITNESSES RESIDING IN

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IN THE CIRCUIT COURT OF COOK COUNTY.

November Term, A. D. 1908.

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Henry E. Smith, being first duly sworn, on oath says that he is the plaintiff in the above entitled cause; that Eva Simpson, Nora B. Moore and Schuyler C. Rees are material and necessary witnesses for the plaintiff in the trial of said cause; that the said Eva Simpson, Nora B. Moore and Schuyler C. Rees are non-residents of this county (or are about to depart

from this State; or are unable to attend said trial on account of sickness, or other bodily infirmity, as the case may be).

HENRY E. SMITH.

Subscribed and sworn to before me this fifteenth

day of November, A. D. 1908.

HENRY K. EVANS,

Notary Public.

SECTION 98. NOTICE BEFORE TAKING DEPOSITIONS OF WITNESSES RESIDING IN ANOTHER COUNTY

STATE OF ILLINOIS,

OF THIS STATE.

SS.

COUNTY OF COOK.

IN THE CIRCUIT COURT OF COOK COUNTY.
November Term, A. D. 1908.

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To Hiram Jones, the above named defendant:

YOU ARE HEREBY NOTIFIED, that on Monday, the thirtieth day of November, A. D. 1908, between the hours of 9.00 A. M. and 4.00 P. M., at No. 154 Main Street, in the City of Peoria, County of Peoria and State of Illinois, before Samuel H. Palmer, a Notary Public in and for the County of Peoria, in the State of Illinois, or some other officer authorized by law to take depositions, the plaintiff will proceed to cause to be taken the depositions of Eva Simpson, Nora B. Moore and Schuyler C. Rees, residing in said County of Peoria, to be read in evidence on the trial of this cause

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on the part of the plaintiff; at which time and place, you can appear and cross-examine the said witnesses, if you shall see fit, etc.

Dated Chicago, November 15, A. D. 1908.
FRED W. LAWSON,

Attorney for Plaintiff.

QUESTIONS.

COMMON LAW PLEADING.

CHAPTER I.

Page 11.

1. Define common law pleading.

Page 12.

1. To what extent is this system in force in America at the present time?

12

CHAPTER II.
Page 13.

1. Who may be a plaintiff in a common law action? 2. Who may be a defendant in a common law action?

Page 14.

1. When should two or more persons be joined as plaintiffs?

2. When should two or more persons be joined as defendants?

CHAPTER III.

Page 15.

1. Classify common law actions.

CHAPTER. IV.

Page 17.

1. Define a real action.

2. Define a mixed action.

3. Discuss the writ of right.

Pages 18-21.

1. Name the principal writs in the nature of writs of

right.

2. What were the four lesser assizes?

3. What was the nature of these actions?

Page 22.

1. What was the character of the writ of entry? 2. What were the principal forms of this writ?

Page 23.

1. Enumerate the other principal real writs.
2. What are the existing forms of real actions?

Page 24.

1. Describe the nature and scope of the action of ejectment.

2. Describe the nature and scope of the action of forcible entry and detainer.

CHAPTER V.

Pages 25-26.

1. Describe the nature and scope of the action of debt.

Page 27.

1. Describe the nature and scope of the action of

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1. Describe the nature and scope of the action of

annuity.

2. Describe the nature and scope of the action of

assumpsit.

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