
    Ross v. Carter.
    February Term. 1810.
    Right of Defendant to Examine Plaintiff as Witness.— A commission cannot issue at the instance of a defendant to examine the plaintiff as a witness in the canse.
    Botts moved, on behalf of the defendant, for a commission to examine the plaintiff de bene esse saving all just exceptions.
   By the Chancellor.

The plaintiff has either an interest in the subject to the suit, or he has not; if he has, he should not give evidence; if he has not, the suit should not be brought in his name, which, in any event makes him personally liable for costs in case the suit goes against him.

Motion denied.  