Sec. 39.
The causes shall be considered as in the supreme court, from the perfecting of the appeal; and at any time within 60 days thereafter, unless the time shall be extended by order of any justice of the court, either party may take testimony by deposition or commission, in the mode now provided by law in any case, without regard to the place of residence of the witness.
History: 1864, Ex. Sess., Act 59, Eff. May 7, 1864 ;-- CL 1871, 6684 ;-- How. 8273 ;-- CL 1897, 10826 ;-- CL 1915, 14929 ;-- CL 1929, 13175 ;-- CL 1948, 570.439