Dravo v. Fabel - 132 U.S. 487 (1889)
U.S. Supreme Court
Dravo v. Fabel, 132 U.S. 487 (1889)
Dravo v. Fabel
Argued December 4, 1889
Decided December 16, 1889
132 U.S. 487
When the plaintiff in a suit in equity does not waive an answer under oath, the defendant's answer, directly responsive to the bill, is evidence in his behalf.
The statute of Pennsylvania providing that a party in a suit in equity may be examined as a witness by the other party as if under cross-examination and that his evidence may be rebutted by counter-testimony has no application to suits in equity in courts of the United States held within the state.
The party offering in a court of the United States in Pennsylvania a deposition taken under that statute makes the witness his own, and is not at liberty to contend that he is not entitled to credit.
A decision of a district court on a question of fact, affirmed by the circuit court, will not be disturbed by this Court unless the error is clear.
In equity. The case is stated in the opinion.