U.S. Circuit Court for the District of District of Columbia, 1805

Bowie v. Talbot

Bowie v. Talbot
U.S. Circuit Court for the District of District of Columbia · Decided July 15, 1805
3 F. Cas. 1070; 1 Cranch 247

Counsel

Mr. Caldwell, for the plaintiff [Washington Bowie],, Mr. Key, for the defendant [Lewis Talbot],

Bowie v. Talbot

Opinion of the Court

THE- COURT

overruled the objections, saying that it is not reasonable that the. party should have all the benefits of being . present in court, and not- liable to its disadvantages. The benefit of the net might be entirely avoided by the party concealing himself, or the opposite party may not know . his residence. 'But THE COURT, not being satisfied that the witness had departed and was out .of the District of Columbia at the time of the trial, rejected the deposition; upon which, a juror was withdrawn by consent, and the cause continued.

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