Beall v. Dey

By the Court, Savage, Ch. J. The advice of an attorney is the advice of counsel, within the meaning of this rule of practice. Here the affidavit is made by the attorney, and he states that the witnesses are material, which is sufficient. The delay in asking for the commission is not so great as to preclude the defendant from the effect of his motion. Let a commission issue, with stay of proceedings until the same can be executed and returned.