U.S. Circuit Court for the District of Southern New York December 7, 1901 (Henning v. Boyle)

EACOMBE, Circuit Judge.

Plaintiff has applied in thé alternative for a commission to take the testimony of a witness in Kentucky, or for a subpoena to require his attendance there. He is mistaken in his practice. The method of taking testimony by commission is cumbersome and unsatisfactory, and not resorted to when the convenient method of taking proof prescribed by section 863, Rev. St. U. S.