Note. — Vide Harris v. Peterson, 2 Car. Law Rep. 471—Bedell v. Suite Bank, 1 Dev. Rep. 483.
Kenedy v. Alexander, 2 N.C. 34, 1 Hayw. 34 (1794)
March 1794
·
North Carolina Superior Court
2 N.C. 34, 1 Hayw. 34
Esther Kenedy v. Isaac Alexander.
Notice to take a deposition at a certain place in Tennessee on the 5th or 6th days of a particular month, held good.
The notice given by the Plaintiff of faking the depo-one «Iones, who lived near Knoxville, that it' would be taken on the fifth or sixth days of such a month, and it wras taken on the fifth — Objected for Defendant: that this notice is not properly given, for if he might say on the fifth or sixth, lie might go on and say, or on the 7tli or 8th, and for a long time: but per Judge Wn-Xiams, in a case at Newbern on the last circuit, one of the parties had given notice of taking depositions at Albany in such a week; and it was held a good notice; because at so great a distance, the taker of the deposition, might not know how to procure the witness’s attendance on any particular day ; the witness might be absent, or not be found ; after going thither, some accident might delay the party intending to take the deposition ; and he might not arrive on the very day, and it would he extremely inconvenient, to force him first to go tbit.her, and know when the witnesses would attend, and then come back and give notice of the time, before he could take the deposition — wherefore in this case let the deposition be read, and it was read accordingly.