Lessly v. Ogden

Citations

• 83 Miss. 442

Syllabus

<p>Equity Pbaotice. Oral testimony. Code 1892, g 1764.</p> <p>Wh'ere a defendant filed witli liis answer a written notice of a desire to liave tlie witnesses in an equity suit examined one terms in open court, and tlie complainant was misled thereby and consequently failed to take depositions, but caused tbe witness to appear in open court, it was not error for tbe court to deny defendant’s application to withhold tbe notice andl permit complainant to introduce testimony one terms in open court, although defendant consented to a continuance of the cause. Dlékerson v. Askew, 82 Miss, 436, distinguished.</p>