...where the value in controversy shall exceed $20, trial by jury shall be preserved. Congress has enacted that " the mode of proof in the trial of actions at...witnesses in open court, except as hereinafter provided," and has then made special provision for taking depositions. Rev. Stat., §§ 861, 863 et seq. The only...

...the exceptions which the statute provides to its positive rule that the mode of trial in actions at law shall be by oral testimony and examination of witnesses in open court. They are the only exceptions thereinafter provided . Does the rule admit of others ? Can Its language...

...of the above section 914. This is not a correct view. Section 861 of the Revised Statutes provides that "the mode of proof in the trial of actions at...witnesses in open Court, except as hereinafter provided." There is nothing in the Constitution or statutes of the United States which sanction? any other mode...

...conclusion was mainly based upon the provisions of section 861 of the Revised Statutes, which enacts that "the mode of proof in the trial of actions at...witnesses in open court, except as hereinafter provided." The supreme court held, in substance, that, as congress had, in enacting this section, legislated upon...

...had before a jury or the court in open court. It is "that the mode of proof in the trial in an action at common law shall be by oral testimony and examination...witnesses in open court, except as hereinafter provided" ; and the sections referred to in the other provisos (Act March 9, 1892, c. 14, 27 Stat. 7 [US Comp....

...case therefore necessarily falls under the express declaration of Congress that the mode of proof in actions at common law shall be by oral testimony, and examination of witnesses in open court." The testimony of the absent witness was excluded. The other rule prevails in the Sixth Circuit and...

...Whitford v. Clark Co., 119 U. 8. 523, 7 Sup. Ct. 306. Congress has legislated directly upon the subject of the mode of proof in the trial of actions at common law. Rev. St. US § 861, declares: • "The mode of proof in the trial of actions at common law shall be...

...See, also, United States v. Distillery, 6 Id., 483. SEC. 861. Mode of proof in common law actions. — The mode of proof in the trial of actions at common...witnesses in open court, except as hereinafter provided. 24 Sept., 1789, c. 20, s. 30, v. 1, p. 88; 20 Feb., 1812, c. 25, e. 3, v. 2, p. 682; 24 Jan., 1827,...

...of the above section 914. ' This is not a correct view. Section 861 of the Revised Statutes provides that " the mode of proof in the trial of actions at...witnesses in open court, except as hereinafter provided." There is nothing in the Constitution or statutes of the United States which sanctions any other mode...

...of the Revised Statutes, in chapter XVII., on evidence, which we here group together : " SEC. 861. The mode of proof, in the trial of actions at common...witnesses in open court, except as hereinafter provided." " SEC. 863. The testimony of any witness may be taken in. any civil cause depending in a district or...