Levy v. Frederick M. Kirby & Fremkir Corp.

Rodney, J.,

delivering the opinion of the Court:

We propose to briefly consider the question of taking depositions in actions at law in Delaware, and in so doing it may be necessary to distinguish such actions from proceedings in Equity. Certain general principles seem so well established as to make citations unnecessary. It is clearly established that the taking of depositions was long known to and an established part of Equity, admiralty and ecclesiastical jurisdiction in England. At common law the right of taking despositions was unknown in actions at *397law and it was deemed the right of the…