
    Case No. 17,380.
    WELLFORD v. MILLER.
    [1 Cranch, C. C. 485.] 
    
    Circuit Court, District of Columbia.
    July Term, 1808.
    Depositions — Witness Residing Within lOO Miles.
    This court will not grant a commission in a civil action at common law, to take the deposition of a witness residing in Yirginia within one hundred miles of the place of trial, because hp may be summoned to attend personally.
    [Cited in Voss v. Luke, Case No. 17,014.]
    Upon affidavit that witnesses resided in 'Fredericksburg (less than one hundred miles from Alexandria)—
    Mr. Youngs, and Mr. Jones, for the plaintiff,
    moved for a commission to Yirginia, to take the depositions of those witnesses to be used as well in a suit in chancery, as at common law depending in this court. The chancery suit was at issue and a general dedimus bad been awarded.
   THE COURT

(DUCKETT, Circuit Judge, absent)

suffered the commission to issue in the chancery suit, considering it as in aid of the general commission heretofore awarded. But refused it in the common-law case, because the witnesses (residing within one hundred miles) might be summoned to attend this court personally.

The law of Virginia of 29th Nov. 1792, § 13, p. 279, was cited by Mr. Youngs, which allows a commission to issue when the witness resides beyond sea, or in a foreign country, or in any other of the United States.  