New York Supreme Court, 1804

Kirby v. Watkeys

Kirby v. Watkeys
New York Supreme Court · Decided February 15, 1804
1 Cole. & Cai. Cas. 316

Counsel

Harison

Kirby v. Watkeys

Opinion of the Court

Per Curiam.

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.

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