Swinglehurst v. Busiel

The deposition is sought to be taken under the enactment (P. L., c. 337, s. 1) that “The deposition of any witness in a civil cause may be taken and used at the trial, unless the adverse party procures him to attend so that he may be called to testify when the deposition is offered.”

It is conceded that a cause must be pending to authorize a deposition to be taken. The question is if the pendency of the motion to set aside the verdict gives sufficient support for the exercise of the authority, and, the authority being established, if the deposition may extend to all matters which may be…