
    Brockway v. Stanton.
    A party residing out of the state may be examined as a witness, on a commission, at the instance of the adverse party.
    March 17, 1849.
    Motion by the defendant, for a commission to examine the plaintiff as a witness; the latter residing in the state of Pennsylvania, more than one hundred miles from this city. It was contended that the code does not authorise such a commission.
   Oakley, Ch. J.,

after advising with his associates, decided, that as the code provides for the examination of a party as a witness, and that he may be compelled to testify in the same manner as any other witness, either at the trial, or conditionally or on a commission; there is no doubt that the commission ought to issue in this case.  