General

The Samuel.-Beach, et al. Claimants

16 U.S. 773 Wheat. 77·Supreme Court of the United States·1818

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Opinion

(Practice.) The Samuel.—Beach, et al. Claimants. A witness offored to be examined, viva voce, in open court,- in an instance cause, ordered to be examined out of court. This, cause, being -an instance, or revenue c?iuse, had been ordered to farther proof at a former term. Feb. 3th. Mr. Baggett, for the claimants, now offered to produce a witness to be examined, viva voce, in open-court on farther proof; butthe court, for the sake, of convenience, ordered his-deppsition to be taken in writing out of court. Feb 11th Vide ante vol. 1 p. 9. [MAJORITY — Mr. Chief Justice Marshall] Mr. Chief Justice Marshall delivered the opinion of the court, reversing the decree ,of condemnation in the court below, and ordering the property to be restored as claimed.' Decree reversed.