Beale v. Thompson
Supreme Court of the United States
Error to the Circuit Court for the district of Columbia. On the trial in the court below, the defendant, Beale, offered in evidence, the deposition of Tunis Craven, taken before the judge of the district court of the United States for the district of New Hampshire, under the 30th section of the judiciary act of September 24th, 1789 (1 U. S. Stat. 88), which, after prescribing the mode of taking ^'depositions, directs that “the depositions so taken shall be retained by such…
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Error to the Circuit Court for the district of Columbia. On the trial in the court below, the defendant, Beale, offered in evidence, the deposition of Tunis Craven, taken before the judge of the district court of the United States for the district of New Hampshire, under the 30th section of the judiciary act of September 24th, 1789 (1 U. S. Stat. 88), which, after prescribing the mode of taking ^'depositions, directs that “the depositions so taken shall be retained by such magistrate, until he L deliver the same, with his own hand, into the court for which they are taken ; or shall, together…
1Opinion of the CourtStory, J.
Independent of all other grounds, the court are of opinion, that the fact of the deposition’s not having been opened in court, is a fatal objection. The statute of 24th September 1789, ch. 20, § 80, is express on this head. The judgment of the circuit court must be affirmed.
Judgment affirmed.
2Cited by6 opinions
- In Re the Reporters Committee for Freedom of the PressCourt of Appeals for the D.C. Circuit · 1985
- TIMES NEWS. LTD.(GR. BRIT.) v. McDonnell Douglas Corp.District Court, C.D. California · 1974
- Louis Werner Stave Co. v. Marden, Orth & Hastings Co.Court of Appeals for the Second Circuit · 1922
- Rahilly v. O'LaughlinCourt of Appeals for the Eighth Circuit · 1924
- Consumers Brewing Co. v. HardwayOhio Court of Appeals · 1913
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