M'Vickar v. Woolcot , 3 Cai. Cas. 321 ( 1805 )

Per Curiam.

Were we to permit the amendment, the opposite party might lose the benefit of cross-examining; for the interrogatories exhibited to one, might not be proper to administer to another, from whom it might be wished to extract new evidence. The first part of the motion must, therefore, be denied; but you may take a new commission at your peril, without however, any stay of proceedings on the part of the plaintiff. .