M'Vickar v. Woolcot

Were 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 whom it might be *322wished 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 part of the plaintiff. .