Buddicum v. Kirk
7 U.S. 293

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U.S. Supreme Court

Buddicum v. Kirk, 7 U.S. 3 Cranch 293 293 (1806)

Buddicum v. Kirk

7 U.S. (3 Cranch) 293


Notice of the time and place of taking a deposition, given to the attorney at law of the opposite party, is not such notice as is required by the act of assembly of Virginia. But the attorney at law may agree to receive, or to waive notice, and shall not afterwards be permitted to allege the want of it.

If notice be given that a deposition will be taken on 8 August and that if not taken in one day, the commissioners will adjourn from day to day until it shall be finished, and the commissioners meet on the 8th and adjourn from day to day till the 12th, and from the 12th to the 19th, when the deposition is taken, such deposition is not taken agreeably to notice.

Error to the Circuit Court of the District of Columbia in an action of debt against the defendant as heir at law of the obligor of a bond dated 20 September, 1774, conditioned to pay

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