M'Vickar v. Woolcot , 1 Cole. & Cai. Cas. 501 ( 1805 )

Per Curiam.

Were we to permit the amendment, the opposite party might lose the benefit of cross-examining ; for the interrogatories exhibited to one, might not be proper to administer to another, from whom it might be wished to extract new evidence. ° The first part of the motion must, therefore, be denied ; but you may take a new commission at your peril, without, however, any stay of proceedings on the partrof the plaintiff.