Bowie v. Talbot

U.S. Circuit Court for the District of District of Columbia

Bowie v. Talbot

3 F. Cas. 1070, 1 Cranch 247

U.S. Circuit Court for the District of District of Columbia·Decided July 15, 1805·Published·Cited by 2 cases

Opinion

THE- COURT

overruled the objections, saying that it is not reasonable that the. party should have all the benefits of being . present in court, and not- liable to its disadvantages. The benefit of the net might be entirely avoided by the party concealing himself, or the opposite party may not know . his residence. 'But THE COURT, not being satisfied that the witness had departed and was out .of the District of Columbia at the time of the trial, rejected the deposition; upon which, a juror was withdrawn by consent, and the cause continued.

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THE- COURT

overruled the objections, saying that it is not reasonable that the. party should have all the benefits of being . present in court, and not- liable to its disadvantages. The benefit of the net might be entirely avoided by the party concealing himself, or the opposite party may not know . his residence. 'But THE COURT, not being satisfied that the witness had departed and was out .of the District of Columbia at the time of the trial, rejected the deposition; upon which, a juror was withdrawn by consent, and the cause continued.

Bowie v. Talbot, 3 F. Cas. 1070, 1 Cranch 247 (circtddc 1805).

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