U.S. Circuit Court for the District of North Carolina November 15, 1796 (Jones v. Neale & Blount)

By the Court,

Patterson, J. and Sitgreaves, J.

It appears to be the true construction of the act of Congress, that those circumstances which will warrant the taking of a deposition de bene esse, should, if they exist at the time of trial, authorize the reading of it. But as this act is made in derogation of the common law it must be strictly construed, and litterally observed.