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" ... at a greater distance than one hundred miles from the place of holding the same without the permission of the trial court being first had upon proper application and cause shown. "
Reports of Cases Argued and Decided in the Supreme Court of the United ... - Page 260
by United States. Supreme Court - 1883
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A Digest of the Laws of the United States of America, from March 4th, 1789 ...

Edward Ingersoll - Law - 1821 - 882 pages
...in civil causes, the witnesses living out of the district in which the court is holden, do not live at a greater distance than one hundred miles from the place of holding the same. [Infra, 74.] 48. SEc. vn. It shall be lawful for the several courts of the United...
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Reports of Cases Argued and Determined in the Circuit Court of the ..., Volume 1

Elijah Paine, United States. Circuit Court (2nd Circuit) - Law reports, digests, etc - 1827 - 748 pages
...of the 30th section of the judiciary act.b And the absence of the witness out of the district, and at a greater distance than one hundred miles from the place of trial, was duly proved. So that the sole question is, whether the cross-examination of the witness precluded...
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The Practice in Civil Actions and Proceedings at Law in ..., Page 144, Volume 1

Elijah Paine - Civil procedure - 1830 - 684 pages
...in civil causes, the witnesses living out of the district in which the court is holden, do not live at a greater distance than one hundred miles from the place of holding the same." The judiciary act of 178983 provides : " That all the courts of the United States...
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The Law Review and Quarterly Journal of British and Foreign ..., Volume 1

International law - 1845 - 544 pages
...subpoenas for witnesses into any other district, provided that, in civil causes, the witness do not live at a greater distance than one hundred miles from the place of trial 3 ; and in this country the legislature has provided, that the service of a subpoena or other process...
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The Public Statutes at Large of the United States of America, Volume 1

United States - Session laws - 1845 - 816 pages
...in civil causes, the witnesses living out of the district in which the court is holden, do not live at a greater distance than one hundred miles from the place of holding the same. SEC. 7. And be it further enacted, That it shall be lawful for the several courts...
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The Practice in Civil Actions and Proceedings at Law in Massachusetts: With ...

H. G. O. COLBY - Civil procedure - 1848 - 550 pages
...subpoenas for witnesses into any other district, provided that, in civil cases, the witness do not live at a greater distance than one hundred miles from the place of trial. Where a party has taken the proper measures to secure the attendance of a witness, a capias is issued...
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A Treatise on the Law of Evidence, as Administered in England and ..., Volume 2

John Pitt Taylor - Evidence (Law) - 1848 - 756 pages
...subpoenas for witnesses into any other district, provided that, in civil causes, the witness do not live at a greater distance than one hundred miles from the place of trial (I) ; and in this country, the legislature has provided that the service of a subpoena or other process...
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A Treatise on the Practice of Courts of Admiralty in Civil Causes of ...

Andrew Dunlap - Admiralty - 1850 - 608 pages
...trial is to take place, is over262 ruled.2 It is a useless act to issue a subpoena to a witness who lives at a greater distance than one hundred miles from the place of holding the Court, in order to lay a foundation for using his deposition.3 In the other cases, however,...
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Reports of Cases Argued and Adjudged in the Supreme ..., Volume 11; Volume 52

United States. Supreme Court - Law reports, digests, etc - 1851 - 714 pages
...Peters, 617. The court say : ' It was sufficiently shown, at least prima facie, that the witness lived at a greater distance than one hundred miles from the place of trial. This is a fact proper for the inquiry of the officer who took the deposition, and he has certified...
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The Science of Government as Exhibited in the Institutions of the United ...

Charles Bishop Goodrich - United States - 1853 - 364 pages
...attendance is required in criminal causes. In civil causes, the attendance of witnesses who do not reside at a greater distance than one hundred miles from the place of trial may be compelled, although they reside in a state or district other than that in which a trial is to...
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