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Pell v. Bunker

1 Cole. & Cai. Cas. 344 Court N.Y. Sup. Ct. English

Contents

Majority

p. 344
Aaron Pell v. George Bunker.

Headnote

IN this cause Hawes moved to vacate, in part, a commission sued out in November last, so as to go to trial notwithstanding, at the next circuit.
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 further to postpone the trial.