Majority
p. 324Henry Waterbury and another v. John Delafield.
THIS was the principal suit in several actions on a policy of insurance, in which a consolidation rule ■had been granted. A commission to examine had been taken out, titled in a consolidated cause; in the commission, the defendant joined and titled his cross interrogatories in the same manner.
Hoffman moved to read, in the principal cause, the evidence taken under commission, titled in that which had been consolidated. The court, after some words by Pendleton, in opposition, granted the motiori, with costs to abide the event of the suit.