Fabian v. Davis

Supreme Court of Iowa
Fabian v. Davis, 5 Iowa 456 (Iowa 1858)
Wright

Fabian v. Davis

Opinion of the Court

Wright, C. J.

The motion to suppress was improperly sustained. Where the witness .resides within this state, but in a different county from the place of trial, his deposition may be taken either upon notice or written interrogatories. If he resides without the state, a commission should issue to the officer or commissioner taking the same, If within, the county where the trial is to take place, then no such commission is necessary. . If within the state, but in a different county, then the party may pursue either of the two methods. Code, sections 2445-6-7, 2453.

Reference

Status
Published