The Court decided against the motion ; the decisions of the-Judge were affirmed, except as to the admission of the deposition of Mitchell; on this point the Court was equally divided. Judge Doolittle being of opinion the deposition was properly-admitted, and Judge Brayton being of opinion the omission of the word “whole,” in the certificate of the oath, was fatal* and that the deposition ought to have been excluded. ■

Motion dismissed,- and new trial- not granted.'