Let notice he given in the Fayetteville Gazette three weeks successively, that the deposition will be taken a! a certain place and day, at the distance of three months after the publication. The Plaintiff should not l<>se his testimony, because the other party hath removed himself, ami failed to appoint an attorney upon whom notice might be served.
Maxwell v. Holland, 2 N.C. 349, 1 Hayw. 349 (1796)
May 1796
·
North Carolina Superior Court
2 N.C. 349, 1 Hayw. 349
Maxwell v. Holland.
Mr. McLain had been Counsel for the Defendant, and after hr- d»-a<h, no other rounscl had been employed, and the Defendant had removed to some pan of rhe world, the. Plaintiff knew not where' — the Plaintiff wished to take the deposition of a man * ho lived in New England, and prayed the court to direct to whom, and in what manner notice, of taking it should be given, there’ being neither party nor counsel upon whom it could be served.