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State on the Relation of Sarah Tidline v. . Willis Hickerson.
*422 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.
Pee CuRIAm. Judgment below reversed and venire de novo. Let this opinion be certified.