Opinion
FEBRUARY TERM, 1818.
A witness offer to be examined viva voce, in open court, in an instance cause, ordered to be examined out of court.
Mr. Dagget, for the claimants, now offered to produce a witness to be examined, viva voce, in open court, on further proof; but the court, for the sake of convenience, ordered his deposition to be taken in writing, out of court.
THIS cause, being an instance or revenue cause, had been ordered to further proof at a former term.
Vide ante, vol. I. p. 9.