Sergeant's Lessee v. Biddle,
17 U.S. 508 (1819)

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U.S. Supreme Court

Sergeant's Lessee v. Biddle, 17 U.S. 4 Wheat. 508 508 (1819)

Sergeant's Lessee v. Biddle

17 U.S. (4 Wheat.) 508


Depositions, taken according to the proviso in the thirtieth section of the Judiciary Act of 1789, chapter twenty, under a dedimus potestatem, "according to common usage, when it may be necessary to prevent a failure or delay of justice," are under no circumstances to be considered as taken de bene esse, whether the witnesses reside beyond the process of the court or within it; the provisions of the act relative to depositions de bene esse being confined to those taken under the enacting part of the section.

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