Majority
p. 202Allen vs. Gibbs. August 21.
Headnote
A motion for a commission to examine witnesses will not be entertained by this court, after a similar application to a circuit judge and a refusal by him.It was objected to a motion for a commission to take the testimony of foreign witnesses, that a similar application had been made in this cause to a circuit judge, and refused by him; which objection was sustained by the Chiee Justice, and the motion denied.