STEWART v. ROSS


2 U.S. 157 (____)

2 Dall. 157

STEWART et al. versus ROSS.

Supreme Court of United States.


BY THE COURT: — Had the execution of this commission been ex parte, it would not only have been informal, but substantially exceptionable. As it is returned, however, by the commissioners, on the part of the plaintiff, as well as by those on the part of the defendant, it is to be presumed, that the witnesses knew nothing about the subject matter of the interrogatories, to which no answer is returned. At any rate, it is a waiver

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