 | United States. Supreme Court - Law reports, digests, etc - 1816 - 694 pages
...that any of the plaintiff's witnesses are aged", infirm, or going out of the country, or that any one of them is a single witness to a material fact, the clerk may issue a commission for taking the examination of such witness or witnesses de bene tut, the party... | |
 | United States. Supreme Court - Courts - 1822 - 666 pages
...that any of the plaintiff's witnesses are aged, infirm, or going out of the country, or that any one of them is a single witness to a material fact, the clerk may issue a commission for taking the examination of such witness or witnesses de bent eut, the party... | |
 | Maine. Courts - Court rules - 1834 - 100 pages
...that any of the plaintiff's witnesses are aged, infirm, or going out of the country, or that any one of them is a single witness to a material fact, the Clerk may issue a commission for taking the examination of such witness or witnesses de bene esse, the party... | |
 | United States. Supreme Court - Courts - 1843 - 460 pages
...in the order book, or endorsed upon the deposition or testimony. TESTIMONY DE BENE ESSE. LXX. After any bill filed, and before the defendant hath answered...country, or that any of them is a single witness to a fact, the clerk of the court shall, as of course, upon the application of the plaintiff, issue a commission... | |
 | Simon Greenleaf - Evidence (Law) - 1853 - 636 pages
...another Rule of the same Court,1 that after the filing of the bill, and before answer, upon affidavit that any of the plaintiff's witnesses are aged or...any of them is a single witness to a material fact, a commission may issue, as of course, to a commissioner appointed by a Judge of the Court, to take... | |
 | Edmund Robert Daniell - Equity pleading and procedure - 1865 - 960 pages
...to 310. By the 70th Equity Rule of the United States Courts, it is provided that " After any bill is filed, and before the defendant hath answered the...of them is a single witness to a material fact, the The examination of witnesses de bene esse must be distinguished from the practice of suits to perpetuate... | |
 | United States. Supreme Court - Court rules - 1874 - 152 pages
...in the order-books, or indorsed upon the deposition or testimony. TESTIMONY DE BENE ESSE. 70. After any bill filed, and before the defendant hath answered...made that any of the plaintiff's witnesses are aged and infirm, or going out of the country, or that any one of them is a single witness to a material... | |
 | Simon Greenleaf - Evidence (Law) - 1876 - 580 pages
...court,6 that after the filing of the bill, and before answer, upon affidavit that any of the plaintiffs witnesses are aged or infirm, or going out of the...any of them is a single witness to a material fact, a commission may issue, as of course, to a commissioner appointed by a judge of the court, to take... | |
 | Charles Barton - Court rules - 1877 - 280 pages
...in the order-books, or indorsed upon the deposition or testimony. Testimony de bene esse. 70. After any bill filed, and before the defendant hath answered...made that any of the plaintiff's witnesses are aged and infirm, or going out of the country, or that any one of them is a single witness to a material... | |
 | United States. Circuit Court (6th Circuit) - Admiralty - 1878 - 472 pages
..., SG4; Ingle v. Jones, 9 Wall., 486; Wood v. Mann, S Sum. , S 16. TESTIMONY, DE BENE ESSE. 70 After any bill filed, and before the defendant hath answered...made that any of the plaintiff's witnesses are aged and infirm, or going out of the country, or that any of them is a single witness to a material fact,... | |
| |
... of them is a single witness to a material fact, the clerk of the Court shall, as of course, upon the application of the plaintiff, issue a commission to such commissioner or commissioners as a judge of the Court may direct, to take the examination... 
