MAXWELL v. HOLLAND

Notice to take deposition may be given by publication when the defendant is a nonresident.

PER CURIAM.

Let notice be given in the Fayetteville Gazette three weeks successively, that the deposition will be taken at a certain place and day, at the distance of three months after the publication. The plaintiff should not lose his testimony because the other party hath removed himself, and failed to appoint an attorney upon whom notice might be served.