Superior Court of Delaware, 1833

Woodlin Blackiston v. Hynsons

Woodlin Blackiston v. Hynsons
Superior Court of Delaware · Decided July 5, 1833
1 Del. 224
Woodlin Blackiston v. Hynsons

Opinion of the Court

In this case the court said in relation to the taking of depositions;

That after depositions had been returned and published and readhy the opposite party or his counsel, it was not competent for such party to file interrogatories and take further testimony. He must file his interrogatories before publication of the depositions on the other side; or if published, before reading them; otherwise the testimony will de rejected.

*225 If the competency of a witness is to be attacked it must be done by filing exceptions, that the other party may have notice and prepare to support his witness.

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