Majority
p. 157Stewart et al. versus Ross.
Syllabus
A COMMISSION was issued, on the part of the defendant, and various interrogatories filed, designed to be put to different witnesses. The return of the commission was signed by all the commissioner s, and it appeared that the plaintiff was present at the taking of the depositions; but, to certain of the interrogatories no answers were returned by some of the witnesses, and those which were answered by one witness, were not answered by others. The plaintiff objected to the reading the commission: But,—Had the execution of this commission been ex parte, it would not only have been informal, but substantially exceptionable. As it is returned, however, by the commissioners, on the part of the plaintiff, as well as by those on the part of the defendant, it is to be presumed, that the witnesses knew nothing about the subject matter of the interrogatories, to which no answer is returned. At any rate, it is a wai
p. 158
ver of the right which the plaintiff had to the answer of the witness; and, on that ground, we hold the evidence admissible.