Cloud v. Davis

Delaware Court of Common Pleas

Cloud v. Davis

1 Del. Cas. 422

DecidedFebruary 15, 1797

StatusPublished

This text of 1 Del. Cas. 422 (Cloud v. Davis) is published on Counsel Stack Legal Research, covering Delaware Court of Common Pleas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cloud v. Davis, 1 Del. Cas. 422 (Del. Super. Ct. 1797).

Pincite

Opinion

Chief Justice.

The practice has been invariably to issue a commission when the intention was to take depositions out of the state, unless in the cases where a special rule for the purpose was agreed to by the parties. A general rule to take depositions before any judge or justice of the peace is confined to the state. If the party designs under his rule to take depositions out of the state, he must have it so expressed in the rule. The depositions [423]*423in the present case are not warranted by the rule under which they were taken and cannot therefore be read.

Per Curiam.

Depositions rejected.

Free access — add to your briefcase to read the full text and ask questions with AI

Chief Justice.

The practice has been invariably to issue a commission when the intention was to take depositions out of the state, unless in the cases where a special rule for the purpose was agreed to by the parties. A general rule to take depositions before any judge or justice of the peace is confined to the state. If the party designs under his rule to take depositions out of the state, he must have it so expressed in the rule. The depositions [423]*423in the present case are not warranted by the rule under which they were taken and cannot therefore be read.

Per Curiam.

Depositions rejected.

Cite This Page — Counsel Stack

Bluebook (online)

1 Del. Cas. 422, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cloud-v-davis-delctcompl-1797.