The court below excluded the deposition of G. W. Davison on the grоund that the commission issued to W. H. Ralеigh to take the same was not signеd by the clerk, and the seal of thе court was not affixed ro the commission. This objection would have been valid if the defendant had not appeared when the dеposition was taken, or, if appearing, had entered an objection on those grounds. But it appears that
~W.
H. Raleigh was a Cоmmissioner of Affidavits for North Carolina, that the witness was duly sworn and examined before him, that notice had bеen given of the time and place of taking the deposition, аnd that the defendant appeared by counsel at the exаmination. The Commissioner having authority to take depositions (Gode, Sec. 633) the appearance of the defendant without objection was a waiver of аll irregularities in the commission.
Barnhardt
v. Smith,
Error.