Capehart v. Farmers Bank & Trust Co.

This appeal was taken from six orders made upon motion of the defendants without notice to opposite parties, extending the time for taking testimony and from other interlocutory orders in a suit for discovery and accounting involving fiduciary relations. ,. :-.Equity Rule 71 provides: “Three months, and no more, shall be allowed for the taking of 'testimony after the cause is at issue, unless the Judge shall, upon special cause shown by either party, enlarge the time; and no testimony taken after such period shall be allowed to be read in evidence at the hearing.”

The matter of extending the…