Quill v. Carpenter

Rodney, J.,

delivering the opinion of the Court:

In Levy v. Kirby, 9 W. W. Harr. (39 Del.) 109, 192 A. 696, and Levy v. Kirby, 22 Del. Ch. —, 196 A. 816, 817, the Superior Court and the Court of Chancery, respectively, considered the rights of one party to take deposition of an adverse party outside of the state, said deposition to be taken de bene esse. In both cases, on the facts there present, it was determined that such depositions could not be taken. In both cases the origin and history of the taking of testimony by deposition was dealt with and will not be here repeated. In Laurel…