Morrison Waite

“ When the statutes of the United States make special provisions as to the competency or admissibility of testimony, they must be followed in the courts of the United States, and not the laws or the practice of the state in which the court is held when they are different. Potter v. National Bank, 102 U.S. 165; King v. Worthington, 104 U.S. 50; Bradley v. United States, Id. 443; Ex parte Fisk, 113 U.S. 721; S.C.. 5 Sup. Ct. Rep. 724.
The judgment is reversed, and the cause remanded, with directions for a new trial. ”

“ If the witness lives more than 100 miles from the place of trial, no subpoena need be issued to secure his compulsory attendance. So, too, if he lived more than 100 miles away when his deposition was taken, it will be presumed that he continued to live there at the time of the trial, and no further proof on that subject need be furnished by the party offering the deposition, unless this presumption shall be overcome by proof from the other side. ”

“ While some have gone beyond the decision in Patapsco Ins. Co. v. Southgate, none have fallen short of it. Lessee of Penns v. Ingraham, 2 Wash. C. C. 487, (decided in 1811;) Lessee of Brown v. Galloway, Pet. ”