Duncan v. Sun Fire Insurance
Duncan v. Sun Fire Insurance
2 Wend. 625
Opinion of the Court
The plaintiff being under an order to stay proceedings, irregularly noticed his cause for trial, and the subsequent order of the court allowing him to proceed to the trial of his cause, notwithstanding the rule for a commission, does not cure the irregularity. Until the vacatur of that rule, the plaintiff was not at liberty to proceed in his cause. The motion is granted with costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.