
    Administration of John Miller v. John Truman.
    In this case, a commission had been issued by the county court, on the application of the defendant, to take testimony in Canada. By the terms of the commission, six days notice was to be given to the plaintiff. The defendant notified the plaintiff that the testimony would be taken at the city of Quebec, on or about a day named in the notice.
    The testimony thus taken was excluded by the county court, and judgment rendered for the plaintiff, to which the defendant excepted.
   The opinion of the court was delivered by

Redfield, J.

The notice was insufficient. It should have specifically named the time and place of taking the testimony. Judgment affirmed.  