 | Ohio, William Henry Whittaker - Civil procedure - 1887 - 688 pages
...deposition. 3. By oral examination. [51 v. 57, § 332 ; S. & C. 1040.] § 5262. Kinds of testimony denned. An affidavit is a written declaration under oath, made without notice to the adverse party ; a deposition is a written declaration under oath, made upon notice to the adverse party ; and oral... | |
 | Law reports, digests, etc - 1901 - 1250 pages
...require the affidavit to be sworn to before the clerk. Section 544 of the Code defines ал affidavit as "a written declaration under oath made without notice to the adverse party." Section 549 provides that an affidavit may be made In this state before several officers, and among... | |
 | Iowa - Educational law and legislation - 1888 - 368 pages
...appeal may be taken. SL Decisions, 24 and 58, also notes (d), (e) and (/) to section 1809. SEC. 1830. An affidavit is a written declaration under oath, made without notice to the adverse party. Section 3689, Code. It must be sworn to before some officer authorized to administer oaths. A county... | |
 | Law reports, digests, etc - 1888 - 994 pages
...L. Barrett should have been treated as her affidavit. An affidavit is defined by our statute to be a written declaration under oath, made without notice to the adverse party. This is her statement under oath. The reason !,nven for not admitting it was that sufficient notice... | |
 | Oregon - Law - 1892 - 1164 pages
...taken in thre° modes: — !• B7 affidavit; 2. By deposition; 3. By oral examination. § 803. [793.] An affidavit is a written declaration under oath, made without notice to the adverse party. § 804. [794.] A deposition is a written declaration under oath, made upon notice to the adverse party,... | |
 | Frank Sumner Rice - Civil procedure - 1892 - 832 pages
...three modes : 1. By affidavit; 2. By deposition; 3. By oral examination. § 2003. Affldimt defined. An affidavit is a written declaration under oath, made without notice to the adverse party. § 2004. A dejwtition defined. A deposition is a written declaration under oath, mnde upon notice to... | |
 | Law reports, digests, etc - 1895 - 1228 pages
...«¡¡strict court that Webster did In fact swear tu the affidavit he filed, if the evidence was competent. "An affidavit is a written declaration under oath, made without notice to the adverse party." Section 3G7, Code Civ. Ггос. In Harris v. Lester, 80 111. 307, it Is said that "an affidavit is... | |
 | Kentucky - Civil procedure - 1895 - 796 pages
...witnesses may be taken by affidavit, deposition or oral examination. § 544 HOB] Affidavit defined. An affidavit is a written declaration, under oath, made without notice to the adverse party. § 545 ;«o«] Deposition defined. A deposition is a written declaration, under oath, made upon notice... | |
 | California, James Henry Deering - Civil procedure - 1897 - 1066 pages
...witnesses is taken in three modes: 1. By affidavit; 2. By deposition; 3. By oral examination. § 2003. An affidavit is a written declaration under oath, made without notice to the adverse party. Affidavits: Sec. 2009 et seq. § 2004. A deposition is a written declaration under oath, made upon... | |
 | Frank Sumner Rice, William Lawrence Clark - Law reports, digests, etc - 1898 - 792 pages
...affidavit: (2) by deposition ; (3) by oral examination." Section 3321 defines an affidavit as follows: "An affidavit is a written declaration under oath, made without notice to the adverse party." Section 3322 defines a deposition thus: ''A deposition is a written declaration under oath, made upon... | |
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A deposition is a written declaration, under oath, made upon notice to the adverse party, for the purpose of enabling him to attend and cross-examine. 
