Open Commission

A commission without written interrogatories Issued out of any one of certain courts of record, an issue of fact having been joined in that court, to take the testimony of witnesses, not within the state, but within the United States and Canada; N. Y. Code Civ. Proc. §§ 893, Silt, 897. The application for an' open commission will be denied where there is reason to believe that A commission with interrogatories will develop all the facts bearing upon the case. Dickinson v. Rush, 17 Weekly Dig. (N. Y.) 17.