Hutchins v. Hutchins
Court of Appeals for the D.C. Circuit
Hearing on an appeal (specially allowed) from an order of the Supreme Court of the District of Columbia, holding a probate court, granting a commission to take depositions of certain witnesses in foreign countries on oral examination. The Court in the opinion stated the facts as ¿follows: This is a special appeal allowed from an order of the supreme court of the District granting a commission to take depositions of certain witnesses in foreign countries.
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Hearing on an appeal (specially allowed) from an order of the Supreme Court of the District of Columbia, holding a probate court, granting a commission to take depositions of certain witnesses in foreign countries on oral examination. The Court in the opinion stated the facts as ¿follows: This is a special appeal allowed from an order of the supreme court of the District granting a commission to take depositions of certain witnesses in foreign countries. Appellees, Walter Stilson Hutchins, and Charles L. Fráiloy, as caveatees in a caveat filed by the appellant, Lee Hutchins, to the probate of…
1Opinion of the Court
Mr. Ohief Justice Shepard
delivered the opinion of the Court:
The supreme court of the Distinct of Columbia holding sessions for the trial of the caveat to the probate of a will is a court of common law, and not of equity. Craighead v. Alexander, 39 App. D. C. 229, 234, Ann. Cas. 1913C, 847; and eases there cited.
The mode of trial at common law is by the production of witnesses and their oral examination in open court. Depositions of .witnesses can only be substituted therefor by statutory authority. Bell v. Morrison, 1 Pet. 351, 355, 7 L. ed. 174, 176. As early as 1773, a statute of Maryland…
2Cases cited1 opinion
- Bell v. MorrisonSupreme Court of the United States · 1828
3Cited by2 opinions
- Herbert K. Zassenhaus and Charlotte S. Zassenhaus v. The Evening Star Newspaper Co.Court of Appeals for the D.C. Circuit · 1968
- Moezie v. MoezieDistrict of Columbia Court of Appeals · 1963