
    Emerson v. Berkley and Stone.
    Spring Vacation,
    1809.
    Equity Practice — Evidence Viva Voce, — How to proceed in introducing viva voce evidence at the hearing.
    This was a motion by Mr. Randolph for a subpoena, to summon a witness to give viva voce evidence to some fact upon the hearing.
   *By the Chancellor.

When a party intends to produce viva voce testimony in Court, upon the hearing of a cause, which is sometimes done (but without a cross-examination) to prove the execution of deeds, and the hand-writing of letters, or the signatures thereto, and the like, he should apply before that time for an order for that purpose, upon an affidavit, giving a proper description of what is intended to be proved, as well as notice to the adverse party of the motion.

Motion at present denied.  