Supreme Court of Iowa, 1858

Fabian v. Davis

Fabian v. Davis
Supreme Court of Iowa · Decided January 12, 1858 · Wright
5 Iowa 456

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.