1 Cole. & Cai. Cas. 79
Decided July 15, 1799
New York Supreme Court · decided 1799-07-15
ISSUE was joined on the 9th of June last, and on the 19th, notice was given by the defendant, that application would be made this term for a commission : notwithstanding which, on the 26th, the plaintiff gave notice of trial for the July circuit, at which time an inquest was taken by default.
Decided 1799-07-15
¶1Issue not having been joined till after the election was made in vacation, the defendant is in time by the Rule of April, 1796. On the other point, we are of opinion that the propriety of the plea is not examinable, upon this motion.
¶2Let the verdict be set aside, and a commission issue : the costs to abide the event of the suit.