|
The grant of such a power to be con-
|
A commission to take evidence should
|
|
strued strictly, 129.
|
be executed within a reasonable dis-
|
|
The power of eminent domain, on just
|
tance of the residence of the witness,
|
|
grounds, may be exercised over all
|
253.
|
|
property, 135.
EVIDENCE.
|
It is proper to go as far as may be safe,
in giving credit to authentications com-
ing from other parts of this Union. —
|
|
Settlements made by the Orphans Court
|
Contee v. Dawson, 283.
|
|
are not conclusive; but when relied on
|
A party cannot avail himself of proof in
|
|
by a guardian, he should exhibit all
|
regard to any matter not alleged, 285.
|
|
the accounts on which it is founded. —
|
A witness or party, ordered to testify or
|
|
Crapster v. Griffith, 11.
|
to account, may be summoned and
|
|
Depositions taken under a commission
|
compelled to give evidence before the
|
|
issued by the consent of a part of the
|
auditor. — Hammond v. Hammond, 310.
|
|
defendants, cannot be read against the
|
A person absent, and not heard from for
|
|
others. — Kipp v. Hanna, 30.
|
sevea years, may be presumed to be
|
|
Testimony may be taken under an order
|
dead.— Tilly v. Tilly, 444.
|
|
before a justice of the peace. — Towns-
|
Where it becomes necessary to have the
|
|
hend v. Duncan, 45; Andrews v. Scote
|
plaintiff's prochein ami examined as a
|
|
ton, 631; Cockey v. Chapman, 83;
|
witness, he may be discharged, and
|
|
Onion v. McComas, 85.
|
another appointed in his place. — Helms
|
|
The probate of a will of real estate con-
|
v. Franciscus, 550.
|
|
sidered as prima facia evidence. —
|
It is the duty of the court to have all its
|
|
Townshend v. Duncan, 45.
|
proceedings and proofs translated into
|
|
The average amount, or medium time
|
the English language, 551.
|
|
assumed, where the proof is indefinite
|
A petition for the production of books
|
|
or various. — Contee v. Dawson, 298;
|
and papers, to be used on a trial at law,
|
|
Parker v. Mackall, 66, 67; Nonvood
|
must give a sufficient description of
|
|
v. Norwood, 482.
|
them.— Duvall v. The Farmers' Bank,
|
|
The truth being in some cases more
|
686.
|
|
clearly evidenced through the eye by a
|
|
|
diagram, such drawings may be re-
|
EXECUTORS AND ADMINISTRA-
|
|
sorted to as evidence or illustration of
|
TORS.
|
|
facts. — Binney's case, 114.
Presumptions in regard to surplus water,
issuing from a canal, for mills, 138.
No evidence can be introduced to explain
the meaning of an act of the legisla-
ture; but the words therein used may
|
A decree against an executor out of as-
sets, for a part, for the residue, out of
his own goods, and for costs, out of his
own goods.— Cheseldine v. Gordon, 82.
An absolute judgment against an execu-
|
|
be explained as by a dictionary, &c.,
150, 154.
|
tor or administrator is conclusive of a
sufficiency of assets to pay that debt,
|
|
Any correct evidence may be resorted to
for the purpose of shewing what is the
common law, 152.
|
and also a debt for which he may re-
tain; which conclusion must necessa-
rily enure to the benefit of the heir or
|
|
The mode of collecting testimony and
taking depositions. — Winder v. Diffen-
derffer, 184.
|
devisee.— Ellicott v. Welch, 243.
An executor must expressly aver an in-
sufficiency of assets, otherwise he can-
|
|
No objection, coming from a party, to
suspend the taking of depositions; but
such objections to be noted and decided
at the hearing, 192.
|
not prove and avail himself of the fact.
Contee v. Dawson, 286.
The property of a debtor may be detained
in this state for the benefit of creditors
|
|
A witness may, for cause, demur; upon
which his examination must be sus-
pended, 194.
A witness may be compelled to attend,
and have his deposition taken before
a justice of the peace, 196.
The books of a bank, shewn to contain
|
residing here, or of the state in oppo-
sition to a foreign administration, or to
the bankrupt or insolvent laws of ano-
ther country. — Corrie's case, 489.
The succession to personal property, on
intestacy, is regulated by the law of
the deceased owner's last domicil, 489.
|
|
pertinent evidence, must be produced,
195.
|
FERRY.
|
|
A party may, as of course, withdraw any
|
One tenant in common, cannot set up
|
|
document which he himself has volun-
|
another ferry to the prejuidce of his
|
|
tarily put upon file for the purpose of
having it authenticated — Maccubbin
|
co-tenant. — Norwood v. Norwood, 476,
483.
|
|
v. Matthews, 251.
|
Tenants in common, of a ferry, decreed
|
|
A witness may be summoned and com-
|
to account, 477.
|
|
pelled to give evidence before commis-
|
The specific performance of an agree-
|
|
sioners, 252.
|
|
