McNaughton v. Lester, 2 N.C. 488, 1 Hayw. 488 (1796)

Oct. 1796 · North Carolina Superior Court
2 N.C. 488, 1 Hayw. 488

Surviving Partners of Auley McNaughton & Co. v. Lester.

The Plaintiff produced a notice of taking a deposition, purporting I hat the. deposition would be taken on a certain day iu Housertown, before Justices, naming them.. The caption of the deposition expressed that it was taken on that day at Housertown.

Per curiam

The deposition cannot he read. The house where it is to be taken must be specified in the notice,, not the town only ; for then the deposition may be taken at a place ¡11 the town, of which the adverse party may know nothing, and thus he deprived of the benefit of cross-examination.