Baker v. Sands

KEY, O. J.

While concurring in the result reached in this case, I do not indorse all that seems to be held in the opinion of Mr. Justice RICE. It is not believed that a party has the right to prove by other wit nesses what a particular witness testified to on a former trial of the ease, merely because that witness has gone to and resides in another state. It is believed that the true rule is that the party offering to reproduce the testimony must show conditions which render it reasonably certain that he cannot procure the evidence of the absent witness by deposition or otherwise. When such…