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" ... of them is a single witness to a material fact, the clerk of the Court shall, as of course, upon the application of the plaintiff, issue a commission to such commissioner or commissioners as a judge of the Court may direct, to take the examination... "
Rules of Practice of the Circuit Court of the United States for the District ... - Halaman 33
oleh United States. Circuit Court (6th Circuit) - 1858 - 78 halaman
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volume 7

United States. Supreme Court - 1816 - 694 halaman
...that any of the plaintiff's witnesses are aged", infirm, or going out of the country, or that any one of them is a single witness to a material fact, the clerk may issue a commission for taking the examination of such witness or witnesses de bene tut, the party...
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United States Reports: Cases Adjudged in the Supreme Court, Volume 20

United States. Supreme Court - 1822 - 666 halaman
...that any of the plaintiff's witnesses are aged, infirm, or going out of the country, or that any one of them is a single witness to a material fact, the clerk may issue a commission for taking the examination of such witness or witnesses de bent eut, the party...
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Rules and Orders of the Courts of the State of Maine and of the Courts of ...

Maine. Courts - 1834 - 100 halaman
...that any of the plaintiff's witnesses are aged, infirm, or going out of the country, or that any one of them is a single witness to a material fact, the Clerk may issue a commission for taking the examination of such witness or witnesses de bene esse, the party...
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United States Reports: Cases Adjudged in the Supreme Court, Volume 42

United States. Supreme Court - 1843 - 460 halaman
...in the order book, or endorsed upon the deposition or testimony. TESTIMONY DE BENE ESSE. LXX. After any bill filed, and before the defendant hath answered...country, or that any of them is a single witness to a fact, the clerk of the court shall, as of course, upon the application of the plaintiff, issue a commission...
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A Treatise on the Law of Evidence, Volume 3

Simon Greenleaf - 1853 - 636 halaman
...another Rule of the same Court,1 that after the filing of the bill, and before answer, upon affidavit that any of the plaintiff's witnesses are aged or...any of them is a single witness to a material fact, a commission may issue, as of course, to a commissioner appointed by a Judge of the Court, to take...
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Pleading and Practice of the High Court of Chancery, Volume 2

Edmund Robert Daniell - 1865 - 960 halaman
...to 310. By the 70th Equity Rule of the United States Courts, it is provided that " After any bill is filed, and before the defendant hath answered the...of them is a single witness to a material fact, the The examination of witnesses de bene esse must be distinguished from the practice of suits to perpetuate...
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Rules of the Supreme Court of the United States: And Rules of Practice for ...

United States. Supreme Court - 1874 - 154 halaman
...in the order-books, or indorsed upon the deposition or testimony. TESTIMONY DE BENE ESSE. 70. After any bill filed, and before the defendant hath answered...made that any of the plaintiff's witnesses are aged and infirm, or going out of the country, or that any one of them is a single witness to a material...
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A Treatise on the Law of Evidence, Volume 3

Simon Greenleaf - 1876 - 580 halaman
...court,6 that after the filing of the bill, and before answer, upon affidavit that any of the plaintiffs witnesses are aged or infirm, or going out of the...any of them is a single witness to a material fact, a commission may issue, as of course, to a commissioner appointed by a judge of the court, to take...
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History of a Suit in Equity from Its Commencement to Its Final Termination

Charles Barton - 1877 - 280 halaman
...in the order-books, or indorsed upon the deposition or testimony. Testimony de bene esse. 70. After any bill filed, and before the defendant hath answered...made that any of the plaintiff's witnesses are aged and infirm, or going out of the country, or that any one of them is a single witness to a material...
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Rules of the Circuit and District Courts of the United States for the ...

United States. Circuit Court (6th Circuit) - 1878 - 472 halaman
..., SG4; Ingle v. Jones, 9 Wall., 486; Wood v. Mann, S Sum. , S 16. TESTIMONY, DE BENE ESSE. 70 After any bill filed, and before the defendant hath answered...made that any of the plaintiff's witnesses are aged and infirm, or going out of the country, or that any of them is a single witness to a material fact,...
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