
    Allen and others against Hendree.
    ALBANY,
    Oct. 1826.
    An affidavit for a commission must shew that issue is cause; m *or ⅛”6 a Tin"1 before.
    J. T. B. Van Vechten moved for a commission to take the examination of witnesses; but the affidavit for the motion did not state that issue was joined in the cause ; nor ^ ** assign any special circumstances, shewing the necessity or propriety of a commission, before issue in the cause.
    
      J. E. Lovett
    
    objected, that the affidavit was defective. It should have stated that issue was joined in the cause. (2 John. Rep. 478. 3 id. 259.)
   And of this opinion was the Court; and they denied the motion.

Motion denied.  