
    No. 11,593.
    Payne v. West et al.
    Filed Jan. 7, 1885.
    
      Deposition. — Certificate.•— Mistalce. — Clerical Error. — Where an officer by whom a deposition has been taken states in his certificate that the deponent, instead of the deposition, was reduced to writing, the mistake is a mere harmless clerical error.
    From the Perry Circuit Court.
    
      E. E. Dumb and H. J. May, for appellant.
    
      S. Joseph and S. B. Hatfield, for appellees.
   Elliott, J. —

The officer by whom the deposition of one of the appellee’s witnesses was taken, instead of stating in his certificate that “ the .deposition was reduced to writing,” stated that the deponent was reduced to writing.” There is more of the ludicrous than there is of harm in the officer’s mistake. It is apparent that the error is a mere clerical one, harming nobody. The context plainly shows the character of the mistake, and that it was the deposition that was properly reduced to writing.

Judgment affirmed, with fivé per centum damages.  