O'Neill v. Cooles
Superior Court of Delaware
1Opinion of the Court
Harrington, J.,
delivering the opinion of the court:
Depositions were not admissible in evidence in the law courts at common law, though they were admitted in equity, and in the admiralty and ecclesiastical courts.. 6 Jones on Evidence, § 1910, Pl. & Pr.; Randel v. President, etc., of Cheaspeake & D. Canal, 1 Harr. 233, 289; Wooley on Del. Practice, § 5821.
Their admission by consent was, however, sometimes practically compelled by the law courts by means of continuances, or otherwise (Jones on Evidence, § 1911) but the consitution of this State and the rules of this court now provide for their…
2Cases cited18 opinions
- Shutte v. ThompsonSupreme Court of the United States · 1873
- State v. MagersOregon Supreme Court · 1899
- Winans v. New York & Erie RailroadSupreme Court of the United States · 1859
- Indianapolis, Peru, & Chicago Railway Co. v. AnthonyIndiana Supreme Court · 1873
- Morris v. United StatesCourt of Appeals for the Fifth Circuit · 1906
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3Cited by7 opinions
- South Atlantic Steamship Co. v. MunkacsySupreme Court of Delaware · 1936
- Frank v. Wilson & Co.Court of Chancery of Delaware · 1939
- G. M. S. Realty Corp. v. Girard Fire & Marine InsuranceSuperior Court of Delaware · 1952
- Keil Motor Co. v. Royal Insurance Co., Ltd., of LiverpoolSuperior Court of Delaware · 1933
- Levy v. Frederick M. Kirby & Fremkir Corp.Superior Court of Delaware · 1937
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