Kirby v. Watkeys ( 1804 )

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.