The court allowed the motion in this court to prevail, and rever, sed the decision of the district court, on the ground, that such a practice had never been adopted in any court of law in this country.
Note. Upon a suggestion merely, there being no affidavit, that if certain persons should die, their death would be prejudicial to the plaintiff’s title, a commission issued to examine witnesses on the part of the plaintiff", although the defendant had not answered. Bagnold v. Green, 1 Dickens, 2. Carey’s Rep. 48, S. C.