SUPREME COURT OF THE CANAL ZONE.

It is therefore ordered, adjudged and decreed that the judgment of the court below be set aside and that the case be dismissed from the docket.
Let this be certified to the District Court, Division of Cristobal.
Reversed.
MORALES, Executor, versus THE PANAMA BANKING COMPANY.
No. 135. Argued May 19, 1914. Decided June 20, 1914.
HEARSAY EVIDENCE. LEADING QUESTIONS. Hearsay evidence as a general rule is inadmissible, but an admission made by
one against his interest is often admitted and is an exception to this rule.
Errors committed during the trial which are immaterial and do not affect the real rights of parties litigant will not be noticed by an appellate court. DEPOSITIONS.
Definite notice of some character to opposite party is always a- prerequisite
to the validity of a deposition.
Appeal from the Circuit Court of the Third Judicial Circuit; Hon. Thomas E. Brown, Jr., Judge.
The facts appear in the opinion.
Harmodio Arias, for appellant. Hinckley and Ganson, and Fairman, Maclntyre and Enderton, for appellee.
GUDGER, C., J. On the 31st day of October, 1913, J. B. Schuetz, a resident of Gatun, Canal Zone, died at the Colon Hospital. Shortly thereafter this plaintiff duly qualified as the administrator of his estate.
The deceased had, during his lifetime, been a depositor in the defendant bank and this suit is to recover a balance of five thousand ($5,000) dollars claimed to be due and owing to the estate. The complaint contains three counts.
The first alleges that the defendant received certain amounts on deposit and that of this sum there is a balance of five thousand ($5,000) dollars due the estate which has not been paid either to the deceased or to the administrator. The second alleges practically the fact set forth above and in addition recites that the bank paid this amount without authority to some party or

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