
    Case No. 610.
    ATKINSON v. GLENN.
    [4 Cranch, C. C. 134.) 
    
    Circuit Court, District of Columbia.
    April Term, 1831.
    Deposition—Commission—Notice—Verification of Affidavit.
    1. Notice on the 28th of December, to take a deposition in Alexandria, on the 29th, is not too short, all the parties residing in that town. 2. An affidavit may be sworn before the counsel of the party, and may be wholly in his handwriting. [See note at end of case.)
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    The plaintiff’s counsel, Hr. Neale,
    offered
    to read the deposition of Thomas Lee taken by commission under the act of Virginia of November 29th, 1792, § 12, p. 279, [providing for the examination by a.commission of witnesses who are about to leave the country, or are unable to attend court.)
    Mr. Hodgson, for the defendant,
    objected that the notice was too short, it having been given on the 28th of December; to take the deposition on the 29th of December, at Alexandria, all the parties residing in that town. He also objected, that the affidavit that the plaintiff’s claim depended, in a material part, upon the testimony of a single witness who was about to depart, was sworn before the plaintiff’s counsel as a justice of the peace; and that the deposition also was wholly in his handwriting.
   But THE COURT

(MORSELL, Circuit Judge, absent)

overruled the objections, and permitted the deposition to be read. Verdict for the plaintiff.  