Scope and Content Note
Testimony was taken conditionally (de bene esse) from a material witness who was a transient or a non-resident or who was unable to testify at a trial because of illness. In such instances a party to an action applied to a Supreme Court or a Supreme Court Commissioner for an order allowing a deposition to be taken.
The affidavit specifies the nature of the action, the plaintiff's demand, the name and address of the witness, and the reason he cannot appear at the trial. The order allowing the testimony to be taken is subscribed to the affidavit; it requires the attorney for the opposing party to attend the examination of the witness after due notice is given. Attached to the affidavit and order is the deposition of the witness recounting the facts pertinent to the cause. The office or offices in which they were filed is uncertain, but at least some were filed at Utica.
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