2 D.C. 31
Decided November 15, 1811
objected to a deposition taken under the Act of Congress on the part of the plaintiff, that the judge who took it did not certify that the testimony which was reduced to writing by him, was written in the presence of the witness. The Court (Thruston, J., absent,) overruled the objection.
Decided 1811-11-15
¶1upon reading the certificate, thought the inference strong that it was written in presence of the magistrate, but permitted the magistrate to be sworn to prove the fact.
¶2For the other points decided in this cause, see 6 Cranch, 226, in the Supreme Court of the United States.