
    Case No. 11,603.
    READ v. BERTRAND.
    [4 Wash. C C. 558.] 
    
    Circuit Court, D. Pennsylvania.
    Oct. Term, 1825.
    .Deposition — Taken under Rude — Inability op "Witness to Attend.
    A deposition taken under a rule of court to be read in case of the inability of the witness to •attend, cannot be read, unless such inability be shown, or that the witness lives beyond the reach of a subpoena.
    
      
       [Originally published from the MSS. of Hon. Bushrod Washington, Associate Justice of the Supreme Court of the United States, under the supervision of Richard Peters, Jr., Esq.]
    
   Action of assumpsit. The court decided that «. deposition taken under a rule of court, on twenty-four hours notice, to be read in case -of the inability of the witness to attend; could not be given in evidence without proof of such inability, or that the witness lived beyond the distance to which a subpoena could reach, to compel his appearance. The plaintiff suffered a nonsuit.  