Dravo v. Fabel,
Annotate this Case
132 U.S. 487 (1889)
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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.