Story, J.,
delivered the opinion of the court, as follows : — The single point in this case is, whether the circuit court of the district of Columbia, erred in rejecting the deposition of Tunis Craven?
Independent of all other grounds, the court are of opinion, that the fact of the deposition's not having been opened in court, is a fatal objection. The statute of 24th September 1789, ch. 20, § 80, is express on this head. The judgment of the circuit court must be affirmed.
Judgment affirmed.