Page:Federal Reporter, 1st Series, Volume 10.djvu/13

 CASES �ARGUED AND DETEEMINElr �tNTHS �^nM ^tetejsi dirait mA Ufetrirf e^ntt^^ ���BisoHOFFSOHEiM ». Baltzer and another.* �(Circuit Court, S. B. New York. January 16, 1882.) �1. Eqtjitt Practice — Tbstimony for Final HaAKiwa. �Under the equity rules of the supreme court, after notice from the plaintlS that he desires the evidence to be adduced in the cause to be taken orally, all the evidence is to be so taken, subject to the power of the court, for special rea- sons, to annul the usual effect of such notice and order it to be taken on writ- ten interrogatories. �2. Samb— Tbstmont Taken m Fokbign Countribs. �By analogy, after such notice has been given, where testimony in a foreign country can be taken orally, it ought not, except for special reasons, to be taken otherwise. What would in any given case be sufflcient special reasons, must be left to be decided in each case. 8. Same— Depositions under Section 866, Rbv. St. �Depositions may be taken under dedunus potestaiem, under section 866, " ac- cording to common usage," now as at any time hitherto. The words " common usage," in regard to suits in equity, refer to the practice in courts of equity. 4. Samb — Depositions de Bene Essk. �The provision for taking depositions de bene esse is still in force in equity cases. The mode of taking such depositions is the same as that provided for by the amendment to equity rule 67. �In Equity, �*Reported by S. Nelson White, Esq., of the New York bar. V.10,no.l— 1 ��� �