4 Johns. 130 | N.Y. Sup. Ct. | 1809
There is a material difference between the facts in this case, and those in the case of Bailis v. Cochran. (2 Johns. Rep. 417.) In that case, the deposition had no caption or conclusion, by which it could appear before whom, and by what authority it was taken. f The commissioners signed their names under that of the witness, with
The defendant must, therefore, take nothing by his motion.
Motion denied.