Levy v. Kirby

The Chancellor:

The bill appeals to the auxiliary jurisdiction of this court, to aid the complainants in securing the testimony of an aged and infirm witness who happens to be a defendant, and the principal one, in the law action in which his testimony is desired to be used. The bill is strictly of the de bene esse type. The examination which it seeks is a general one. If the examination were ordered, it should only be on interrogatories filed and allowed after an opportunity to except.thereto had been af*276forded. If it were not so, the complainants, who have sued Kirby at law, would be enabled…