Parker v. Nixon

18 F. Cas. 1153, 1 Baldw. 291

Opinion

In this case a rule had been entered for a commission to take testimony in England, on which the party obtaining it, was called on to name the witnesses he intended to examine. After an argument, the court decided that it was not a matter of course, to compel the party to name the witnesses to be examined on a commission, but depended on the discretion of the court, to be exercised on the circumstances of the case. This being a case of pedigree the commission ought to issue without naming them.