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  5. 48 U.S. 693 (1849)
 

HARRIS v. WALL.

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48 U.S. 693 (1849)

7 How. 693

12 L.Ed. 875

BENJAMIN'D. HARRIS, PLAINTIFF IN ERROR, v. JAMES D. WALL.

Supreme Court of United States.

March 13, 1849.

Attorney(s) appearing for the Case

The cause was argued by Mr. Nelson, for the plaintiff in error, and Mr. Clifton, for the defendant in error.

Mr. Nelson.

Mr. C.R. Clifton, for defendant in error, in reply.

Mr. Justice GRIER delivered the opinion of the court.

On the trial of the issues of fact in this case before the Circuit Court, the defendant offered to read the deposition of William S. Rayner, which had been taken de bene esse, under the thirtieth section of the Judiciary Act. It was objected to by the plaintiff's counsel, as not coming within the conditions prescribed by that act. The court admitted the deposition...

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