Majority
p. 141
p. 142Deposition of one Gray taken before Postley, Esq., in Maryland. Objected to by defendant’s counsel, there being no evidence that he was a justice, on the general principles of law and on the ground that the Supreme Court decided written, evidence was necessary. This deposition was taken agreeably to a rule entered into by consent of parties for their mutual convenience, and according to the practice of this Court.
Bidgely, Hall [for plaintiff]. Wilson, Vining [for defendant].
D. Hall, Bidgely.
The deposition not being strictly conformable to law, the Court acting as a summary jurisdiction will reject it,, but will give the petitioner further time to procure it.