Jackson ex. dem' Waggoner v. Murphy , 1 Cole. & Cai. Cas. 431 ( 1805 )

Kent, C. J.

, Were we to this application, could we enforce ¡qle leave we had given ? Suppose an action of trespass brought, would this be a justification ? But, it does not appear to me tliat our interference is necessary. The judge at the circuit would, upon the grounds, now shewn to the court, postpone the cause. You may however take your rule to stay proceedings, r till the lessors of the plaintiff enter into a consent rule for having a survey made.