2 Miles 272
Pennsylvania Court of Common Pleas, Philadelphia County
Decided November 23, 1838
Pennsylvania Court of Common Pleas, Philadelphia County · decided 1838-11-23
IN this case a commission had issued at the instance of the defendant, to take the depositions of witnesses in New York. The commission was returned executed, and the plaintiff filed exceptions to its execution, under the 90th rule of this court. (1 Miles 459.) The exceptions were as follows: 1. One of the commissioners was attorney of the defendant. 2.
Decided 1838-11-23
¶1The first exception is not sustained in point of fact. As to the other two they are dismissed, it not appearing that the agent of the defendant, or the other persons present, took part in putting the interrogatories, or in taking or reducing to writing the testimony of the witnesses.
¶2Exceptions dismissed.