
    GENERAL COURT,
    OCTOBER TERM, 1800.
    Stevenson vs. Myers.
    On the execution of a commission to take the depositions of witnesses, in answer to one of the interrogatories, a witness stated that in liis opinion his deposition taken at another time contained his knowledge, &c. ■Which deposition was set forth by the commissioners —Held, that it was incompetent, and could not be read in evidence.
    Debt upon a writing obligatory. The defendant pleaded general and special non est factum.
    
    The plaintiff, at the trial, offered to read in evidence to the, jury, the answer of Andrew Havner, to the, plaintiff’s fourth interrogatory, annexed to a commission issued in this cause to take depositions, and therewith returned to this court, to wit: “Interrogatory the 4th. Declare your whole knowledge touch-, ing and concerning the said bond, and the execution thereof by the said Myers, and relate every circumstance touching the same in a full and complete manner.”
    “To the fourth interrogatory he answereth and jaith, that in his opinion his deposition taken before John Hunter, Esquire, of Hancock-town, Washington-county, Maryland, contains his knowledge fully, (as :o the fourth interrogatory;) which deposition is in Lite following words, viz. The deposition of Andrew 
      JZavner, aged about 38 years, being first duly sworn/’ &c. copying the said deposition.
    
      Key and Harper, for the plaintiff.
    Martin, (Attorney General,) and, Shaaff, for the defendant.
   But the Court

[Chase, Ch. J.

& Duvall, J.]

were ef opinion, that the same was incompetent, and could not be read in evidence, and refused to permit the same to be read to the jury. The plaintiff excepted.  