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Anonymous

2 Cai. 259 Court N.Y. Sup. Ct. English

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p. 259
Anonymous.

Headnote

To warrant issuing a commission Before issue joined, there must be special circumstances disclosed.
Jones moved for a commission, to be directed to New Orleans, though issue was not joined, nor the writ returned.

There must be peculiar circumstances[1] tc warrant the application. The intercourse between this and New Orleans is constant. It is impossible to judge whether the testimony asked for will be material, before declaration, or knowing the point in contest.

Motion denied.[2]

(a) (a) Brain v. Rodelicks and Shivers, vol. 1, p. 73, S. P.

(b) (b) A commission will be granted to examine a soldier in the service o' the United States who is expected to be ordered away, if such a fact be shown by affidavit. Cardall v. Wilcox, 9 Johns. Rep. 266 .