Sewell v. Purnell

Superior Court of Delaware

Sewell v. Purnell

15 Del. 152

DecidedMay 15, 1893

StatusPublished

This text of 15 Del. 152 (Sewell v. Purnell) is published on Counsel Stack Legal Research, covering Superior Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sewell v. Purnell, 15 Del. 152 (Del. Ct. App. 1893).

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Opinions

Collen, J.

The reason for taking a commission is that the party may have the benefit of the testimony, if the witness resides out of the State. If the attendance of the witness can be secured the Court will not allow depositions to be taken. It proceeds on the ground that the best evidence should be taken. Where the witness is produced the purposes of justice may be better served by examination and cross-examination in open court. I think in the absence of any authority to the contrary that the oral testimony is admissible.

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Collen, J.

The reason for taking a commission is that the party may have the benefit of the testimony, if the witness resides out of the State. If the attendance of the witness can be secured the Court will not allow depositions to be taken. It proceeds on the ground that the best evidence should be taken. Where the witness is produced the purposes of justice may be better served by examination and cross-examination in open court. I think in the absence of any authority to the contrary that the oral testimony is admissible.

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Bluebook (online)

15 Del. 152, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sewell-v-purnell-delsuperct-1893.