The Buckeye State

4 F. Cas. 560

Opinion

McLEAN, Circuit Justice.

As the deposition did not arrive until after the trial in the district court, and was not in evidence there, it cannot be read as a part of the record of that court sent here on appeal. Not being taken, or entitled in this court, it cannot be considered as evidence taken on appeal. The motion must be granted. Deposition suppressed.