Campbell v. Johnston

Citations

• 3 Del. Ch. 94

Syllabus

<p>It is not competent to prove as an exhibit at the hearing a lost instrument not produced.</p> <p>No paper can he proved as an exhibit that requires more than the proof of the execution or of hand writing to substantiate it.</p> <p>The production of a document in the possession of the adverse party cannot be compelled under a stibpoena duces tecum.</p> <p>The statute authorizing the examination of the adverse party as a witness was not meant to subvert the long settled practice requiring a cro'ss bill in such cases, and to substitute for it the summary process of a subpoena duces tecum.</p> <p>The absence of the United States Internal Revenue stamp from the assignment of a judgment does not affect the validity of the judgment,or of an execution issued upon such judgment, and affords no ground for restraining its collection from the defendant in the judgment.</p>