20.  On  a  motion  for  an  iig  unction,  the
Plaintiff,  who  has  compulsorily  obtained
an  answer,  cannot  cross-examine  the  De-
fendant on  it,  unless  it  is  to  be  used  on
the  Defendant's  behalf.     Ibid.
21.  An  affidavit  was  made  in  favour  of  the
Plaintiff,  who,  after  a  lon^  delay,  filed  it
after  the  death  of  the  witness,  whereby
no  cross-examination  could  be  had.
A  motion  to  teke  it  off  the  file  was  re-
fused, though  the  Court  intimated  that
it  would  have  less  weight  Abadom  v.
Abadom.  voL  24,  p.  243

22.  A  Plaintiff  had  required  the  attendance
of  a  Defendant  to  be  cross-examined  on
his  affidavit.  He  attended,  but  it  was  held
that  he  was  entitled  to  his  expenses  as
a  witness.  The  Plaintiff  then  abandoned
this  course  of  proceeding,  and  filed  in-
terrogatories for  the  Defendant's  exami-

M  M


522


GENERAL  INDEX.
nation.  Held,  that  this  could  not  be
done  until  the  costs  of  the  former  pro-
ceeding had  been  paid.  Davey  ▼.  Dur-
rant.  vol.  24,  p.  411

23.  A  party  to  a  cause,  upon  being  cross-
examined  on  his  affidavit,  is  entitled  to
be  paid  his  reasonable  expenses  by  the
party  cross  examining  him,  in  the  same
way  as  a  witness  under  the  15  &  16  Fict.
c«  86,  s.  38.     Ikatey  v.  Durrani.
