STATE EX REL. TIDLINE v. HICKERSON

Depositions are admissible in evidence on the trial of an issue in Bastardy, as they are in other civil cases.

( Pate's case, Busb. 244; State v. McIntosh, 64 N.C. 607, cited and approved.)

RODMAN, J.

We are not informed by the record for what reason his Honor rejected the deposition offered in evidence by the defendant. It is said here it was because he considered the proceeding a criminal one, in which depositions are not admitted. That a proceeding in bastardy in a civil action is settled by the cases of State v. Pate, 1 Busb. 244, and State v. McIntosh, 64 N.C. 607. The deposition was admissible.

PER CURIAM. Judgment below reversed and venire de novo. Let this opinion be certified.