
    *Foster v. Sutton.
    June Term, 1808.
    Depositions — Exception to — When May Be Made. — Exceptions to the reading of depositions, taken by virtue of commissions issued after the cause in which they may be required is set for hearing, mar be made at any time before the cause is gone into, when called; after which such exceptions would come too late.
    Opon calling this case, Mr. Wickham stated that he had an objection to make to the reading of some of the depositions taken without due notice. To this Mr. Randolph (in favour of whose client the depositions objected to had been taken) said, the objection came too late, as he understood the rule of the Court. Mr. Wick-ham replied that the depositions had been taken under a commission issued since the cause was set for hearing; and that, under the rule of the Court, exceptions to the reading of such depositions may be made at any time before the hearing of the cause, 
    
    
      
      Depositions — Exception to — When May BeMade. — On this question the principal case Is cited in foot-note to Peshine v. Shepperson, 17 Gratt. 472; Electric Supply Co. v. Consolidated Light Co., 42 W. Va. 584, 26 S. E. Rep. 188. See monographic note on “Depositions” appended to Field v. Brown, 24 Gratt. 74.
    
    
      
       See the 12th Rule of Practice, 1 H. & M. vi.
    
   By the Chancellor.

The depositions objected to have been taken under the 12th rule of the Court, which has been correctly stated by Mr. Wickham, and the exception taken in due time, as the cause is not gone into; after which it would come too late.

Mr. Randolph agreed not to rely on the depositions, and the cause was tried.  