delivered the opinion of the Court. The defendant’s counsel contend, that by the appeal the commission to take the deposition in question was vacated, and the execution of it, irregular. This is a new objection, and it is believed that depositions taken under like circumstances as the one objected to, have been admitted without objection. But however this may be, no good reason has been suggested, nor can we imagine any, in support of the objection now made. If it should prevail, the only consequence would seem to be, to subject the parties to unnecessary expense and delay. By the 5th Rule of this Court, all depositions are to be opened by the clerk when presented, either in term time or vacation. As this Court and the Court of Common Pleas have the same clerk, the deposition was regularly opened and afterwards filed by the clerk. After such filing either party had a right, by the same Rule, to read it in evidence at the trial. But as no trial
Judgment on the verdict.