Heirs of Hardin v. Heirs of Stanly

11 Tenn. 381

Opinion

Green, J.

delivered the opinion of the court.

The bill of exceptions in this case shows, that the court below called a witness into court, and examined Mm, notwithstanding the objection of the defendant’s counsel. This was error. The act of 1819, ch. 31, sec. 1, requires that in all cases in chancery, the testimony of witnesses shall be taken in writing. For this error the decree must be reversed, and the cause remanded for another hearing therein.

Decree reversed.