M'farlane v. Moore , 1 Tenn. 32 ( 1804 )

Per Curiam.

We cannot order a commission to take the deposition of a witness about removing from one part of the state to another, but having a discretionary power over continuances, and under the circumstances disclosed, that the witness has no property, and is about removing to the western part of the state, we can say that this cause shall not be continued, unless consent be given to take the deposition de bene esse. On these, terms let the cause be continued, and not otherwise—which was done.