¶1Were 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 *502whom 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 partrof the plaintiff.
1 Cole. & Cai. Cas. 501
M'Vickar v. Woolcot
Decided August 15, 1805
New York Supreme Court · decided 1805-08-15
HOPKINS, in consequence of the death of a witness to be examined on a commission sent to England, and sued out early in the last spring, moved, on behalf of the defendant, to amend by inserting the name of a new witness, who could prove the fact the testimony of the deceased would have gone to establish, or to be at liberty to issue a new commission.
Decided 1805-08-15