Dravo v. Fabel

Citations

• 132 U.S. 487
• 10 S. Ct. 170
• 33 L. Ed. 421
• 1889 U.S. LEXIS 1896

Syllabus

<p>When the plaintiff in a suit in equity does not waive an answer under oath, the defendant’s answer, directly responsive to the bill, is evidence in his behalf.</p> <p>The statute of Pennsylvania providing that a party in a suit in equity may be examined as a witness by the other party as if under cross-examination, and that Ms evidence may be rebutted by counter testimony, has no application to suits in equity in courts of the United States held within the State.</p> <p>The party offering in a court of the United States in Pennsylvania a deposition taken under that statute, makes the witness Ms own, and is not at liberty to contend that he is not entitled to credit.</p> <p>A decision of a District Court on a question of fact, affirmed by the Circuit Court, will not be disturbed by this court unless the error is clear.-</p>