
    Dalby v. Price.
    
    April Term, 1796.
    Depositions- — General Commission to Take — Hearing of Cause. — In all cases where a general commission issues tor taking depositions, upon an answer and replication, in any suit in the High Court of Chancery, the cause must remain at rules six months from the time of filing the replication, before it is set down for hearing: unless this he dispensed with by consent of parlies, entered on the record.
    The appellant, against whom a decree had been entered in the High Court of Chancery, filed a bill of review stating new matter. The appellee answered, and a general replication *was entered and commissions awarded; in less than a month after these proceedings, the cause was set down, heard, and a decree entered, from which Dalby appealed.
    
      
      The principal case is cited in Bartlett v. Bartlett. 37 W. Va. 839, 16 S. E. Rep. 458.
    
    
      
      See monographic note on “Depositions” appended to Field v. Brown, 24 Gratt. 74.
    
   The following, was the opinion and decree of this COURT, “Whenever a general commission issues for taking depositions, upon an answer and replication filed in any suit depending in the High Court of Chancery, six months from the time of the replication should be allowed the parties for taking their depositions, and that such cause ought not to be set for hearing, nor heard and finally determined, without the consent of the parties entered on record, before the expiration of the said six months, according to the direction of the act of Assembly concerning the High Court of Chancery; and it appearing by the record, that the replication in this suit was filed in the month of May 1795, and that the cause, was without the consent of the parties so entered on record, heard and finally determined on the 2d of June following, the said decree is erroneous.” Therefore it is decreed and ordered, that the same be reversed and annulled, and that the appellee pay to the appellant his costs by him expended in the prosecution of his appeal aforesaid here. And it is ordered, that the cause be remanded to the said High Court of Chancery to be put on the rule docket and proceeded in according to the foregoing opinion of this court, allowing the parties six months including the time the cause had remained at the rules after the replication, and before the date of the decree aforesaid for taking their depositions, before the same be again set for hearing.”  