—The depositions are taken with sufficient certainty, and ought to be read; the exceptions, therefore, are overruled.
Ridge's Orphans by Jonathan Hains v. Lewis, 1 N.C. 483, 1 Cam. & Nor. 483 (1804)
June 1804
·
North Carolina Court of Conference
1 N.C. 483, 1 Cam. & Nor. 483
Ridge’s Orphans by Jonathan Hains vs. William T. Lewis, et. al.
Exceptions taken to the reading several depositions, filed in this suit, while depending in the Court of Equity for Salisbury district.
Notice.—“ At the house of Cap. Alexander " Gordoner, on the 13th and 14th days of March
“ next, in Oglethorpe county and State of Geor- " gia, to take the deposition of said Alexander " Gardner, Capt. John Fielder, and others—"
*484Commission—" To cause Alexander Gordan " to come before you—between Ridge’s or-" phans, by their next friend Jonathan Haines, " complainants, and Wm. T. Lewis, and others, " defendants.”
Preamble of Deposition.—" To take the " deposition of Alexander Gordon,-wherein “ Jonathan Hains as the next friend of the or-" phans of Wm. Ridge is plaintiff, and Wm. T. " Lewis and Wm. Corch and others, are defen-" dants, at the house of the said Alexander Gordon.”
Exceptions.—" 1st. The house at which it " was taken, is described Gordon’s own house, “ not dwelling house, and is not said in what " county.
" 2d. The notice is to take Gardner's deposi-" tion, and the deposition taken is Gordon’s.
" 3d. The notice is for two days.
" 4th. The suit is not the same in the commission, " and in the commission cited.”
Commission.—" To George Doherty, Per-" menus Taylor and Henry Bradford, Esquires, " State of Tennessee and Jefferson county.”
Notice.—" At the court-house in Jefferson, " in the county of Jefferson, on the 22d and 23d " days of February next.”
Deposition.—" Sworn to before us, two " of the acting Justices of the Peace, for Jeffer-" son county, at the court-house for said county, " this 22d day ol February ——”
*485Exceptions.—“ 1st. Because the commission " is not directed to Justices of the Peace, and “ the deposition appears to be taken by Justices.
“ 2d. It does not appear that the deposition “ was taken at Jefferson court-house, in Jeffer-“ son county.
“ 3d. The notice names two days, and the " deposition was taken on the first."
Commission.—" To James Dickson, Robert " Edmonson, and Samuel Bell, Esquires, of " Davidson county, and State of Tennessee- “ Between Ridge's orphans, by their next friend " Jonathan Hains, complainants, and Wm. T. “ Lewis and others defendants."
Notice.—" At the dwelling house of James “ Martin Lewis, Esquire, in the county of Da-" vidson—on the 30th and 31st days of De-“ cember next.”
Deposition.—“ Sworn to and subscribed be-“ fore us at the house of said James Martin Lewis, “ Esquire, this 31st day of December, 1801, " in the county of Davidson——"
Certificate.—“ We certify that we have “ taken the deposition of James Martin Lewis, “ Esquire, at his own house, in the county of “ Davidson, and State of Tennessee, on the 31st “ day of December, 1801.-Samuel Bell, j. p. “ James Dickson, j. p.”
Exceptions.—" 1st. That the commission “ is not directed to Justices of the Peace, nor “ the deposition taken by Justices.
*486 " 2d. Two days are named in the notice, and " so uncertain.
“ 3d. The notice is dwelling house, the deposition taken at his own house."