Garey v. Union Bank
U.S. Circuit Court for the District of District of Columbia
In equity. [the Union Bank of Georgetown], objected to a deposition. purporting to be taken de bene esse under the thirtieth section of the judiciary act of 1789, which authorizes such depositions to be taken “before any justice or judge of any of the courts of the United States; or before any chancellor, justice, or judge of a supreme or superior court, mayor or chief magistrate of a city; or judge of a county court, or court of common pleas of any of the United States.”
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In equity. [the Union Bank of Georgetown], objected to a deposition. purporting to be taken de bene esse under the thirtieth section of the judiciary act of 1789, which authorizes such depositions to be taken “before any justice or judge of any of the courts of the United States; or before any chancellor, justice, or judge of a supreme or superior court, mayor or chief magistrate of a city; or judge of a county court, or court of common pleas of any of the United States.” The deposition was taken before a county commissioner of the state of Illinois, who is a judge of the county…
1Opinion of the Court
THE COURT
(nem. con.), rejected the deposition, being of opinion that the county commissioners’- court was not one of the courts described in Act Cong. Sept 24, 1789, § 30 (1 Stat. 73).
2Cited by6 opinions
- John Conard, Marshal of the Eastern District of Pennsylvania, in Error v. Francis H. Nicoll, in ErrorSupreme Court of the United States · 1830
- M'Lean v. RankinNew York Supreme Court · 1808
- Bartlet v. PrinceMassachusetts Supreme Judicial Court · 1812
- Downing v. KintzingSupreme Court of Pennsylvania · 1816
- Commonwealth v. President of the Phœnix BankMassachusetts Supreme Judicial Court · 1846
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