Legal Opinion

McNew's Executors v. Rogers

Tennessee Supreme Court

Decided September 15, 1848PublishedCited by 50 opinions

It appears from the record in this cause, ■ that at the January term, 1845, an order was made giving both parties leave to take depositions generally. At the January term, 1847, an order was made reviving, all orders previously made. Between the said terms several special orders were made.

1Opinion of the Court

Gums, J.,

' delivered the opinion of the Court:

1. The order of 1845 was revived by the express words of the order of 1847, and therefore the depositions of J. C. Petre and Alvis Kincaid were taken in pursuance of an order of Court. The argument that the order of January, 1847, revived only the special orders made in the cause, and did not apply to the general order of January, 1845, is not satisfactory. But it is said there was no notice shown. When it appears that the party attended and cross-examined the witnesses, it is not necessary to show a notice to take the depositions. (1) Upon both…

2Cited by50 opinions

  1. Emmert v. ThompsonSupreme Court of Minnesota · 1892
  2. Home Savings Bank v. BierstadtIllinois Supreme Court · 1897
  3. Crippen v. ChappelSupreme Court of Kansas · 1886
  4. Wagner v. LawWashington Supreme Court · 1892
  5. State v. KingWest Virginia Supreme Court · 1908

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