Blount v. Stanley, 3 N.C. 163, 2 Hayw. 163 (1802)

Jan. 1802 · North Carolina Superior Court

3 N.C. 163, 2 Hayw. 163

Blount vs. Stanley.

ÍT was. objected- that the deposition offered by BlounCs counsel should, not be read, because the commission was directed to,, and taken in South. Carolina, by one person only. And by the rules of practice prescribed by the act of 1782, it should be directed to two Justices of the Peace».

Johnston, judge.

That clause must be confined to depositions to be taken in this state,.there are some counties where there' are no Justices of the Peace.. If the clause in question extends to all depositions, It would many times happen that the deposition could not be taken at all for want of Justices.

The deposition was read»