Mills

delivered the opinion of the court.

This was an action, brought by the plaintiff in the court below, to recover the value of certain doors, window-sashes, &c.

The property in question was seized, upon execution, in favor of defendant, Dunlap, against Solms and Hutchinson, and sold by the sheriff, by the express orders of the defendant, Dunlap. The property, it is alleged, belonged to the plaintiffs, and Dunlap was notified of the fact at the time of the sale. Two trials were had in the court below, and before the second trial, a deposition of George W. Solms, a witness on the part of the plaintiffs, was taken, before C. C. Sackett, a notary public, in compliance with an order granted by the District Judge. The defendant moved the court below, at a special term, on the 3d day of April,' 1852, in accordance with previous notice, to suppress the deposition of said Solms, upon the grounds of insufficiency of notice and irregularity; which motion the court overruled, and the defendants excepted. The cause was tried, for the second time, on the 15th of April following, and upon the trial the deposition of Solms was offered and read in evidence. It is now insisted, that the court erred…