
    Beard vs. Heide.
    In executing a commission to take testimony, it is not necessary that the commissioners should appoint a clerk ■
    Appeal from Baltimore County Court, Action on the case against a Common carrier for.negligence, &c. The general issue pleaded. A Commission by consent issued to London, for the purpose of obtaining testimony, and was returned, with the testimony taken, under it. At the trial in the county court,- the plaintiff, (now appellee,) offered in evidence the.commission a.nd the. testimony, to which evidence the defendant, (now appellant,.) objected, on the ground that it did not appear that the commissioners, named in the commission, appointed a clerk. But the county .coart, [J/. Fidgety, Ch. J.] overruled the objection. The defendant excepted. Verdict and judgment for the plaintiff', and the defendant appealed to this court.
    The cause was argued before Chase, Sh. J. Polk, Buchanan, Nicholson, and Earle, J. by
    
      W. Dorsey, for the Appellant;
    and by
    
      Brice, for the Appellee,
   judgment affirmed.  