Wilson’s Red Book, 87
Court of Common Pleas of Delaware.
November, 1795.
Case. Plaintiff had taken a deposition under a rule of court, but irregularly; he gave it to me, and finding it not to answer the
Page 79
purpose, I did not file it; defendant’s counsel, on the trial, demanded it; the court would suffer no altercation, directed it to be filed, and said that they must always be filed immediately etc. It was then filed and defendant’s counsel read it to the jury, as being a production by or acquisition from the plaintiff.
N. B. I refused to file the deposition, unless the Court would say they had a right to direct it, which, the Court, as soon as I said so, directed to be done.