
    Case No. 10,944.
    PENNS v. INGRAHAM.
    [2 Wash. C. C. 487.] 
    
    Circuit Court, D. Pennsylvania.
    Jan., 1811.
    Evidence — Deposition—Witness.
    Depositions taken de bene esse, cannot be read in evidence, unless the party who offers them, shows that the witnesses were subpoenaed, and cannot attend.
    [Cited in Wbitford v. Clark Co., 119 U. S. 525; 7 Sup. Ct. 308.]
    In this case, the defendant offered in evidence, depositions taken before a judge of the common pleas, which were objected to, because taken de bene esse; and it does not appear that the witnesses were subpoenaed, and could not attend. The plaintiff not having traced a title to the lessors of the plaintiff, the court directed a nonsuit; but the parties agreed to withdraw a juror, and to continue.
    Tilghman & Wallace, for plaintiff.
    Mr. Lewis, for defendant.
    
      
       [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.]
    
   Bi' THE COURT.

The objection is well taken, and the deposition cannot be read.  