
    Heirs of Jas. Hardin vs. Heirs of Jno. Stanly.
    A court of chancery has no authority to hear witnesses viva voce; their examination must be in writing; to hear it otherwise, is erroneous when objected to by the parties.
    This was a suit in chancery, instituted in the circuit court of Perry county. Upon the final hearing of the cause, and after the decree had been pronounced by the judge, the counsel moved the court to examine vive voce, William Patterson as a witness, with a view to regulate the discretion of the court as to the taxation of the costs. The counsel for the defendant objected, but the court overruled the objection, and after hearing the witness, taxed the defendants with half the costs, and entered up a decree therefor. The counsel for the defendants excepted to the opinion of the court, and prosecuted this appeal in error to this court.
    
      P. M. Miller, for Hardin’s heirs.
    
      A. Huntsman, for Stanly’s heirs.
   Green, J.

delivered the opinion of the court.

The bill of exceptions in this case shows, that the court below called a witness into court, and examined Mm, notwithstanding the objection of the defendant’s counsel. This was error. The act of 1819, ch. 31, sec. 1, requires that in all cases in chancery, the testimony of witnesses shall be taken in writing. For this error the decree must be reversed, and the cause remanded for another hearing therein.

Decree reversed.  