Kassing v. Mortimer

This was an action of assumpsit for merchandise sold and delivered by appellees to appellant.

The only questions discussed in the briefs before us, relate to the ruling of the court below, in permitting the reading of the deposition of John G. Schneider in evidence, and the sufficiency of the evidence to sustain the verdict.

The deposition appears to have been taken before one Allen Lee Smidt, of the city of Hew York, who was appointed a commissioner for that purpose, and it is objected there is nothing in the record showing that he was authorized to administer an oath.

Even if this objection,…