De Butts v. Bacon

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

De Butts v. Bacon

7 F. Cas. 313, 1 Cranch 569

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

DecidedJuly 15, 1809

StatusPublished

This text of 7 F. Cas. 313 (De Butts v. Bacon) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

De Butts v. Bacon, 7 F. Cas. 313, 1 Cranch 569 (circtddc 1809).

Pincite

Opinion

THE COURT

refused to suffer viva voce testimony to prove a letter, produced by the plaintiff at the hearing, not being an exhibit referred to by the bill or answer.

THE COURT had some doubt upon the 30th section of the judiciary act of 1789, but as the practice both here and in Maryland has been not to receive the testimony at the hearing, and having so decided in the case of Harper v. Marine Ins. Co. [Case No. 6,088], at the last term, in a full court, they rejected the testimony. See the 12th rule of practice in this court

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THE COURT

refused to suffer viva voce testimony to prove a letter, produced by the plaintiff at the hearing, not being an exhibit referred to by the bill or answer.

THE COURT had some doubt upon the 30th section of the judiciary act of 1789, but as the practice both here and in Maryland has been not to receive the testimony at the hearing, and having so decided in the case of Harper v. Marine Ins. Co. [Case No. 6,088], at the last term, in a full court, they rejected the testimony. See the 12th rule of practice in this court

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Bluebook (online)

7 F. Cas. 313, 1 Cranch 569, Counsel Stack Legal Research, https://law.counselstack.com/opinion/de-butts-v-bacon-circtddc-1809.