...Foster's Fed. Proc., Secs. 354, 355. RS, Sec. 861 requires the proof in actions at common law to be taken by oral testimony and examination of witnesses in open court, except as elsewhere by statute provided; hence authority to take' testimony by deposition must be found in the...

...Others could be suggested, but it is not deemed necessary. The law of congress, section 861, provides that "the mode of proof in the trial of actions at...witnesses in open court, except as hereinafter provided." Section 862 provides for the mode of proof in cases of equity and admiralty, and provides that it shall...

...Evidence, § 163. Section 861 of the Revised Statutes [US Comp. St. 1901, p. 661], which provides: "The mode of proof in the trial of actions at common...witnesses in open court, except as hereinafter provided" — and the succeeding sections, providing for the taking of depositions, do not bear upon the question...

...governed by several specific federal statutes, the principal ones of which are the one which provides that the mode of proof in the trial of actions at common law shall be by oral testimony and the examination of witnesses in open court, except as otherwise provided by statute, and the one giving...

...Whitford v. Clark Co., 119 US 523, 7 Sup. Ct. 306. Congress has legislated directly upon the subject of the mode of proof in the trial of actions at common law. Rev. St. US § 861, declares: "The mode of proof in the trial of actions at common law shall be by...

...produced by him is not within the said privilege. (RS § 859.) Sec. 635. Proof in common-law actions. The mode of proof in the trial of actions at common...witnesses in open court, except as hereinafter provided. (RS § 861.) Depositions. That where the right to take exists under the US statutes, the method provided...

...deposition specified in Section 863, the federal courts are governed by the express statute which provides that "the mode of proof in the trial of actions at...testimony and examination of witnesses in open court." 12 If, for example, a witness is in court when the trial takes place, it is plain that his deposition...

...of the above section 914. This is not a correct view. Section 861 of the Revised Statutes provides that " the mode of proof in the trial of actions at...witnesses in open court, except as hereinafter provided." There is nothing in the Constitution or Statutes of the United States which sanctions any other mode...

...the State or Territory in which the court is held. RS § 861. Mode of proof in conwnon-law actions. The mode of proof in the trial of actions at common...witnesses in open court, except as hereinafter provided. RS § 863. Depositions de bene esse. The testimony of any witness may be taken in any civil cause depending...

...in controversy shall exceed 920, trial by jury shall be preserved. Congress has enacted that " i he mode of proof in the trial of actions at common law...witnesses in open court, except as hereinafter provided," and has then made special provision, for taking depositions. Rev. St. §§ 861,863 et set]. The only...