Kirby v. Watkies , 1 Cai. Cas. 503 ( 1804 )

Per curiam.

Let the rule be fo far vacated as to permit the plaintiffs to proceed to trial notwithftanding the commiffion.

N. B. On a commiffion to England the court will, after eight mondas without a return, give leave to proceed to trial, notwithftanding the Commiffion ; but this does not prevent caufe being ihewn at the circuit, why ttie trial flaould not then be put off.