<p>To warrant issuing a commission Before issue joined, there must be special circumstances disclosed.</p>
Decided 1804-11-15
Per Curiam.
¶1There must be peculiar circumstances(a) tc warrant the application. The intercourse between this and New Orleans is constant. It is impossible to judge whether the testimony asked for will be material, before declaration, or knowing the point in contest.
¶3Brain v. Rodelicks and Shivers, vol. 1, p. 73, S. P.
¶4 A commission will be granted to examine a soldier in the service o' the United States who is expected to be ordered away, if such a fact be shown by affidavit. Cardall v. Wilcox, 9 Johns. Rep. 266.
