the judgment was affirmed, New-berry, Seymour, and Allen, Axis, dissenting.
Depositions, under similar circumstances, have always been admitted, before our Courts. The objection, therefore, is too late. There is a difficulty of convicting any man, who deposes out of the State, of perjury, unless he should come into this State $ but this never formed an objection against reading such depositions. In the case of Omichundv. Barker,
The testimony respecting Nichols’s confessions, was proper, to shew the amount of damages ; and, though it might affect the others, that forms no reason why it should not affect him. He, though defaulted, was op trial as to the quantum of damages ; for the verdict ascertains damages as to all the defendants.
Willes 538.