Allen v. Hendree — 6 Cow. 400

Majority

p. 400

Allen and others against Hendree.

ALBANY,

Oct. 1826.

Headnote

An affidavit for a commission must shew that issue is cause; m *or ⅛”6 a Tin"1 before.

J. T. B. Van Vechten moved for a commission to take the examination of witnesses; but the affidavit for the motion did not state that issue was joined in the cause ; nor ^ ** assign any special circumstances, shewing the

p. 401

necessity or propriety of a commission, before issue in the cause.

J. E. Lovett

objected, that the affidavit was defective. It should have stated that issue was joined in the cause. ( 2 John. Rep. 478 . 3 id. 259.)

And of this opinion was the Court; and they denied the motion.

Motion denied.