Turner v. Shackman

Brewer, J.,

(orally.) In this case application was made for a dedimus to take the testimony of a witness about to leave this jurisdiction, and also the testimony of the defendant. So far as the testimony of the witness about to leave the jurisdiction is concerned, that can be taken by deposition de bene esse. As far as the testimony of the defendant is concerned, the application comes within the late decision of Ex parte Fisk, 113 U. S. 713, S. C. 5 Sup. Ct. Rep. 724, in which it is held that the deposition of a party cannot be taken unless it comes within the exceptions named in the federal…