Penns v. Ingraham
Penns v. Ingraham, 19 F. Cas. 176 (1811)
Headnotes
Case No. 10,944.
Evidence — Deposition1—Witness.
Depositions taken de bene esse, cannot be read in evidence, unless the party who offers them, shows that the witnesses were subpoenaed, and cannot attend.
[Cited in Wbitford v. Clark Co., 119 U. S. 525; 7 Sup. Ct. 308.]
Summary
In this case, the defendant offered in evidence, depositions taken before a judge of the common pleas, which were objected to, because taken de bene esse; and it does not appear that the witnesses were subpoenaed, and could not attend. The plaintiff not having traced a title to the lessors of the plaintiff, the court directed a nonsuit; but the parties agreed to withdraw a juror, and to continue.
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Opinion of the Court
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Bi' THE COURT.
The objection is well taken, and the deposition cannot be read.
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