case eaden v thomas LINGOOD a bankrupt and margaret LINGOOD his daughter c may  the d a order have be obtain to read inter alian the examination of Margaret  Lingood take before the commissioner under Thomas Lingoods bankruptcy they can  be read unless prove in the cause that there be such examination take before  the commissioner for the proceed in a commission of bankruptcy against Thomas  be as to Margaret res inter elsewhere acta the plaintiff have obtain a order  to react the proceed in the commission of bankruptcy as a exhibit in his cause  and among the rest the examination of Margaret Lingood before the commissioner  it be object by the counsel that Margaret Lingoods examination can be read  where she be a defendant unless it have be prove over again in the cause Lord  chancellor two question have be make on the plaintiff offer to read the  examination of Margaret Lingood first question suppose the order have be  sufficient whether the plaintiff can have read her examination take before the  commissioner now I be extreme doubIful if the plaintiff can have read it even  then the rule in respect to viva voice examination be hold extreme strict in  this court as for instance in case of will this court never suffer they to be  prove by examination of witness viva voice for it be not sufficient to prove a  sign and seal but the sanity of the person and all other requisite under the  statute must be prove and this can be do by viva voice examination because the  defendant have a right to a cross examination of the plaintiff witness I will  put the case of a affidavit make to contradict a answer suppose there the  plaintiff shall produce a copy of the original affidavit from the office never  know it allow as sufficient atkins the next question have arise upon the order  obtain by the plaintiff to read the proceed under the commission of bankruptcy  in the present case save just exception this order be obtain upon the same  foundation as a order to read in one cause the bill answer and the rest of the  proceed in another cause where it be between the same party but such a order  can be extend to a three person who be no party to the first now Margaret  Lingood be not at all bind by the proceed in a commission of bankruptcy  against Thomas Linqood for as to he it be res inter elsewhere acta upon the  whole his lordship will not admit this examination to be read unless the  plaintiff have prove in the cause that there be such examination take before  the commissioner the bill here be bring against Thomas Lingood charge a fraud  against he in pretend to have buy a copyhold estate with his daughter money  when it be in fact with his own his daughter be make defendant in the cause in  order to reconvey the copyhold to the assignee under the commission against  Lingood Mr solicitor general counsel for the daughter in excuse of their cost  offer to read the defendant Thomas Lingoods deposition to show that he lead  they into the mistake by inform they that the purchase be make with their  money Lord chancellor refuse to let Thomas Linqoods deposition be read because  where one defendant be charge by the bill with a fraud his deposition can be  read for another defendant as it will be a advantage to himself and may tend  to excuse he with regard to his own cost