Citation Numbers: 3 Hill & Den. 474
Judges: Cowen
Filed Date: 7/15/1842
Status: Precedential
Modified Date: 1/12/2023
The defendants have now no in» terest in the action, and ceased to be parties on the election of their successors. Therefore they have no right to make this motion. Before the plaintiff can be put in default for not going to trial, the new commissioners must be made defendants on motion pursuant to 2 R. S. 388, 9, 2d ed. § 104.
Motion denied. '