
    Hackley against Patrick.
    An affidavit on which a motion is made for a commission to fivam no wit. nessesabroad must state that the cause is at issue, or special circumstances, (o induce the court to grant a commission before issue joined.
    GOLDEN moved for a commission to take the exa mi-nation of witnesses in this cause, on the affidavit which he rcacJ.
    
      Mulligan, contra, objected,
    that the affidavit was not niade by the party, and that it did not state that the cause *• was at issue'. (1 Caines, 73. 2 Carnes, 259.)
   jper Curiam.

The affidavit is not sufficient, and no 7 special circumstances are stated,

Rule refused.  