Henry

This is an appeal, within sixty days, from a judgment of nonsuit, on statement of the case, in favor of defendants dismissing the action, “upon the grounds,” as recited in the judgment, “that the plaintiff had failed to prove a sufficient case, inasmuch as the evidence introduced was in the form of depositions and that said depositions were and are incompetent.”

The only objection made to the admissibility of the depositions was that a notary’s seal was not attached to the certificate of the commissioner. The depositions were taken under the following commission, appointing E. C. Ferguson, of Chicago, Illinois, to perform that office:

This commission was issued pursuant to an order of the judge of said court “that a commission issue out of and under the seal of this court, directed to E. C. Ferguson, 1450 Otis building, a person agreed upon by and between the parties, residing at the city of Chicago, Cook County, state of Illinois, to take the testimony of Charles S. Hayes and Thomas F. Hanks,' residing at the same place, as witnesses on behalf of the plaintiff,” etc. A stipulation was entered into by the parties that the depositions of the persons above named “be taken before…