DRAVO V. FABEL, 132 U. S. 487 (1889)

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U.S. Supreme Court

Dravo v. Fabel, 132 U.S. 487 (1889)

Dravo v. Fabel

No. 142

Argued December 4, 1889

Decided December 16, 1889

132 U.S. 487


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.

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 his evidence may be rebutted by counter-testimony has no application to suits in equity in courts of the United States held within the state.

The party offering in a court of the United States in Pennsylvania a deposition taken under that statute makes the witness his own, and is not at liberty to contend that he is not entitled to credit.

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.

In equity. The case is stated in the opinion.

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