Legal Definition and Related Resources of Bill to take testimony de bene esse
Meaning of Bill to take testimony de bene esse
In equity practice. One which is brought to take the testimony of witnesses to a fact material to the prosecution of a suit at law which is actually commenced, where there is good cause to fear that the testimony may otherwise be lost before the time of trial. See 1 Sim. & S. 83; 2 Story, Eq. Jur. § 1813; note. It lies, in general, where witnesses are aged or infirm (Coop. Eq. PI. 57; Ambl. 65; 13 Ves. 56, 261) , propose to leave the country (3 Dickens, 454; Story, Eq. PL § 308), or there is but a single witness to a fact (1 P. Wms. 97; 2 Dickens, 648).
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See Also
“Bill to perpetuate testimony; de bene esse.”
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