
    *Williamson v. Childress.
    Spring Vacation,
    1809.
    Commissioner's Report — 'When Recommitted.-- — A report made while a cause stood dismissed, and before it was reinstated, will be recommitted.
    This suit had been dismissed after an order of an account. The plaintiff, nevertheless, went on with his account, and got a report made out and returned, and then moved for and obtained the reinstatement of this cause, which now came on to be heard.
    Mr. Wickham objected to the report,
    as evidence, because it was made after the dis-mission, and before the suit was reinstated.
    Mr. Randolph contended,
    that if, in other respects, the report was right, it should not be objected to on that account; and more especially as part of the report had been made before the dismission.
    
      
       See monographic note on “Commissioner in Chancery” appended to Whitehead v. whitehead, 23 Gratt. 376.
    
   By the Chancellor.

The reinstatement of the cause only restored so much of the report as had been made out before the dis-mission of the suit; the report, therefore, must be recommitted: and, for very obvious objections, appearing upon the face of it, it was sent to another Commissioner.  