N. and J. Dick and Company v. Hardin D. Runnels

Recorder No. 1, Mayor pro tem.' And thereupon a motion was made by the defendant's counsel to exclude the deposition, on the ground 'that the commissioner taking said deposition did not certify, that neither the said defendant or his attorney was within one hundred miles of New Orleans, the place of taking the deposition, at the time of taking the same.' Upon which question the judges were opposed in opinion, which is ordered to be certified to the Supreme Court of the United States, which is done accordingly. Mr. Bibb, counsel for the defendant, submitted the case to the Court.