Fabian v. Davis

Supreme Court of Iowa

Fabian v. Davis

5 Iowa 456

DecidedJanuary 12, 1858

StatusPublished

This text of 5 Iowa 456 (Fabian v. Davis) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fabian v. Davis, 5 Iowa 456 (iowa 1858).

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Opinion

Wright, C. J.

The motion to suppress was improperly sustained. Where the witness .resides within this state, but in a different county from the place of trial, his deposition may be taken either upon notice or written interrogatories. If he resides without the state, a commission should issue to the officer or commissioner taking the same, If within, the county where the trial is to take place, then no such commission is necessary. . If within the state, but in a different county, then the party may pursue either of the two methods. Code, sections 2445-6-7, 2453.

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Wright, C. J.

The motion to suppress was improperly sustained. Where the witness .resides within this state, but in a different county from the place of trial, his deposition may be taken either upon notice or written interrogatories. If he resides without the state, a commission should issue to the officer or commissioner taking the same, If within, the county where the trial is to take place, then no such commission is necessary. . If within the state, but in a different county, then the party may pursue either of the two methods. Code, sections 2445-6-7, 2453.

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Bluebook (online)

5 Iowa 456, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fabian-v-davis-iowa-1858.