Majority
p. 97Burr vs. Skinner.
Headnote
T)OYD for plaintiff, moves for coils, bccaufe the defendant put off the trial at the circuit on affidavit and notice of a motion to be made at the fucceeding term for a commiffion, the iffue having been joined during the vacation.Pendleton contra.
When a defendant in fuch cafe wiihes to fue out a commiffion, he muff give notice of it before he receives notice of trial, or within a reafonable time, according to circumftances, and fuch notice ihall flay proceedings: but if it is after notice of trial, he muff pay coils to that time. Here the defendant was negligent in waiting till he had fir ft received notice of trial, and he mull therefore pay coils. Motion granted.