Pell v. Bunker — 2 Cai. 46

Majority

p. 46

Pell against Bunker.

Headnote

Practice as to vacating commissions.

In this cause Hawes moved to in part vacate a commission sued out in in November last, so as to go to trial notwithstanding, at the next circuit. See Kirby v. Watkies, 1 Caines’ Rep. 503 , n. (a)

*D. A. Ogden opposed it,

on the ground that eight months had not elapsed since it was issued, and relied on this as the established practice, in cases of commissions to Europe.

Granting the motion will do no injury; the time may or may not elapse before the cause is brought on, and it does not prevent, even then, the showing of cause to further postpone the trial.

Motion granted.