Majority
p. 18G. & T. Odivene vs. Hills.
Headnote
A commission to take tbet™ued ™ut previous to default or issue.Commission to take testimony. Action, assumpsit for goods sold in Boston. The cause is not at issue, nor is the defendant’s default for not pleading entered. A motion is "made for a commission to take the testimony of a witness residing in Boston, to be used on the executing of a writ of inquiry of damages.
R. Sedgioick, for plaintiffs.
By the Court,
The statute allowing commissions to take testimony, does not confine the power of courts in granting them to cases where issues are joined; but extends to every case depending in the courts of record, without regard to the state of the pleadings. The motion is granted.