Cook v. Stout

Citations

• 47 Ill. 530

Syllabus

<p>1. Evidence :—secondary—toprove contents of a lost deposition—in what cases allowed. Where a witness has died, become insane, or is kept away by the adverse party, as between the same parties, it is competent to show what such witness testified on the former examination. Quere : Whether such testimony would be allowed in case, where the witness had departed the jurisdiction of the court.</p> <p>2. Same—when will not be permitted toprove euhstan.ee of former examination. But in cases where all the witnesses are still living, and their testimony might be retaken, secondary evidence will not be permitted to show what such witness testified on the previous examination, merely for the reason that the second examination of such witness is less satis&ctory than the first.</p>