Read v. Bertrand , 20 F. Cas. 349 ( 1825 )

Action of assumpsit. The court decided that «. deposition taken under a rule of court, on twenty-four hours notice, to be read in case -of the inability of the witness to attend; could not be given in evidence without proof of such inability, or that the witness lived beyond the distance to which a subpoena could reach, to compel his appearance. The plaintiff suffered a nonsuit.