Nichols v. Hillyer

1 Kirby 219

Opinion

By the Court.

The deposition appears to have been fairly taken, and no fraud practiced by the party who took it. Although the taking might have been omitted until the deponent returned home from court, when the adverse party must have been notified, and would have had the benefit of cross-examination; yet it appears, that by such delay the defendant would have been in danger of losing this testimony; — it is therefore within the reason of the statute, and may be read.