Duncan v. Sun Fire Insurance , 2 Wend. 625 ( 1829 )

By the Court, Sutherland, J.

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.