Shuter v. Hallett , 1 Cai. Cas. 115 ( 1803 )

Per curiam.

The commission -is as much the defendant’s as the plaintiff’s, and he may take the benefit of -it on trial. We cannot therefore vacate the rule, but the plaintiff may have one to proceed to trial notwithstanding the commission.^†

Radcliff and Livingston, justices, absent»

† See Brain vs. Rodelicks and Shivers, ante 731