Majority
p. 316John Kirby and Edward Kirby v. Edward Watkeys. moved to vacate the rule.,
Headnote
THE defendant had, after due notice, obtained a rule in the last term for a commission, in which the. plaintiff did not join, to examine a person in Port Re publican., and since then had not given any notice of further proceedings under the commission. On these factsHarison
Let the rule be so far vacated as to
permit the plaintiffs to proceed to trial notwithstanding the commission.
N. B. On a commission to England the court will, after eight months without return, give leave to proceed to trial, notwithstanding the commission; but this does not prevent cause being shown at the circuit, why the trial should not then be put off.