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WHITFORD V. CLARK COUNTY, 119 U. S. 522 (1886)

U.S. Supreme Court

Whitford v. Clark County, 119 U.S. 522 (1886)

Whitford v. Clark County

Argued December 6-7, 1886

Decided December 20, 1886

119 U.S. 522


When a witness whose deposition is taken de bene esse under Rev.Stat. § 863, lives more than 100 miles from the place of trial when the deposition is taken, it will be presumed that he continues to live here at the time of trial, and no further proof on that subject need be offered by the party

Page 119 U. S. 523

offering the deposition unless this presumption is overcome by proof from the other side; but if it be overcome, and the party offering the deposition has knowledge of his power to get the witness in time to secure an attendance at the trial, the deposition will be excluded. This rule does not apply to depositions taken under § 866.

When the statutes of the United States make specific provisions as to the competency or admissibility of testimony, they must be followed in the courts of the United States, and not the laws or practice of the state in which the court is held when they are different.

The case is stated in the opinion of the court.

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