
    Sutton v. Mandeville.
    The Court in Alexandria -will not grant a commission to examine witnesses in a suit at common law, without affidavit showing it to be necessary for the purposes of justice.
    The laws of Virginia, in the county of Alexandria, are to be considered, with respect to the laws of the United State%¡as common law, that is, not repealed without negative words or other and repugnant provisions upon the same subject. (Quaere.)
    
    Debt on bond. Issue, and continued to next term.
    
      Mr. Mason
    
    moved for leave to issue a commission to take depositions in the State of Massachusetts, under the Act of Congress, (Judiciary Act,) 1789, § 30, [1 Stat. at Large, 88.]
    Refused by the Court, because not grounded on affidavit showing it to be necessary to the justice of the ease.
    A question was made whether commissions for taking depositions must be taken out under the law of Virginia, or whether they may be taken out under the Act of Congress, without the ten days’ notice required by the Virginia law.
   Marshall, J.,

said that he had been informed by the Chief Justice of the Supreme Court of the United States, that it was the opinion of that court that the laws of Virginia were to be considered in this district, with regard to the general laws of the United States, as the common law is considered with regard to the statute law, viz., that it is not altered without negative words, or an absolute inconsistency, so that both cannot stand together.  