
    Abel Jones & Al. versus Seth Spring & Al.
    
      Practice. — Depositions taken in term time, the Court not being in actual session, and the opposite party having notice, are received, though taken without an order of Court.
    In this action, the defendants’ counsel objected to the admission of a deposition at the trial, on the ground that it was taken in term time, and without an order of Court for the taking of it.
    But it appearing, on inquiry, that the Court had adjourned over three days, during which the deposition was taken, and that the defendant had due notice, the Court, (absente Parsons, C. J.,) without hesitation, overruled the objection.
    
      Selfridge and Rockwood for the plaintiffs.
    
      Munroe and Hubbard for the defendants.
   Note. At the last November term in this county, Ritchie moved the chief justice, then sitting, for an order to take a deposition, on giving notice, &c. But the motion was denied, the chief justice observing that there was no necessity for such order, ut audivi.  