Coulter's Lessee v. Purcell

Where depositions are taken bene esse at law, before they can be read, the party offering them must prove the death or removal of the witness beyond the limits of the state, or in case of his residence, an incapacity to attend from indisposition ; and in the last case, a subpœna taken out and put into the hands of the officer; or that he did all in his power to procure the testimony in court.