 | Law - 1892 - 554 pages
...where the value in controversy shall exceed $20, trial by jury shall be preserved. Congress has enacted that " the mode of proof in the trial of actions at...witnesses in open court, except as hereinafter provided," and has then made special provision for taking depositions. Rev. Stat., §§ 861, 863 et seq. The only... | |
 | Law - 1885 - 544 pages
...the exceptions which the statute provides to its positive rule that the mode of trial in actions at law shall be by oral testimony and examination of witnesses in open court. They are the only exceptions thereinafter provided . Does the rule admit of others ? Can Its language... | |
 | United States. Circuit Court (2nd Circuit) - Law reports, digests, etc - 1879 - 644 pages
...of the above section 914. This is not a correct view. Section 861 of the Revised Statutes provides that "the mode of proof in the trial of actions at...witnesses in open Court, except as hereinafter provided." There is nothing in the Constitution or statutes of the United States which sanction? any other mode... | |
 | Law reports, digests, etc - 1892 - 1912 pages
...conclusion was mainly based upon the provisions of section 861 of the Revised Statutes, which enacts that "the mode of proof in the trial of actions at...witnesses in open court, except as hereinafter provided." The supreme court held, in substance, that, as congress had, in enacting this section, legislated upon... | |
 | Law reports, digests, etc - 1906 - 2090 pages
...had before a jury or the court in open court. It is "that the mode of proof in the trial in an action at common law shall be by oral testimony and examination...witnesses in open court, except as hereinafter provided" ; and the sections referred to in the other provisos (Act March 9, 1892, c. 14, 27 Stat. 7 [US Comp.... | |
 | Law reports, digests, etc - 1920 - 2100 pages
...case therefore necessarily falls under the express declaration of Congress that the mode of proof in actions at common law shall be by oral testimony, and examination of witnesses in open court." The testimony of the absent witness was excluded. The other rule prevails in the Sixth Circuit and... | |
 | Law reports, digests, etc - 1896 - 2118 pages
...Whitford v. Clark Co., 119 U. 8. 523, 7 Sup. Ct. 306. Congress has legislated directly upon the subject of the mode of proof in the trial of actions at common law. Rev. St. US § 861, declares: • "The mode of proof in the trial of actions at common law shall be... | |
 | William Edward Miller - Courts - 1881 - 728 pages
...See, also, United States v. Distillery, 6 Id., 483. SEC. 861. Mode of proof in common law actions. — The mode of proof in the trial of actions at common...witnesses in open court, except as hereinafter provided. 24 Sept., 1789, c. 20, s. 30, v. 1, p. 88; 20 Feb., 1812, c. 25, e. 3, v. 2, p. 682; 24 Jan., 1827,... | |
 | Hubert Ashley Banning, United States. Circuit Courts - Law reports, digests, etc - 1882 - 752 pages
...of the above section 914. ' This is not a correct view. Section 861 of the Revised Statutes provides that " the mode of proof in the trial of actions at...witnesses in open court, except as hereinafter provided." There is nothing in the Constitution or statutes of the United States which sanctions any other mode... | |
 | United States. Supreme Court - Law reports, digests, etc - 1885 - 848 pages
...of the Revised Statutes, in chapter XVII., on evidence, which we here group together : " SEC. 861. The mode of proof, in the trial of actions at common...witnesses in open court, except as hereinafter provided." " SEC. 863. The testimony of any witness may be taken in. any civil cause depending in a district or... | |
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The mode of proof, in the trial of actions at common law, shall be by oral testimony and examination of witnesses in open court, except as hereinafter provided. 
