¶1(Practice.)
¶2A witness offored to be examined, viva voce, in open court,- in an instance cause, ordered to be examined out of court.
¶3This, cause, being -an instance, or revenue c?iuse, had been ordered to farther proof at a former term.a
¶4Mr. Baggett, for the claimants,
¶5now offered to produce a witness to be examined, viva voce, in open-court on farther proof; butthe court, for the sake, of convenience, ordered his-deppsition to be taken in writing out of court.
¶8delivered the opinion of the court, reversing the decree ,of condemnation in the court below, and ordering the property to be restored as claimed.'
¶9Decree reversed.