
    Smith vs. Bowen and others.
    Over-reacliing practice1^diseouraged and pumshed'
    Motion to set aside an inquest. On the eighth day of September last, the plaintiff served a notice of trial for the Livingston circuit, to be hold on the thirteenth day of October, On the fifteenth day of September the defendants obtained an order from a commissioner to stay proceedings until the October term, to move to change the venue, and served the necessary notice.' On the thirteenth day of October the plaintiff’s attorney served the defendants’ attorney at Rochester, a distance of thirty miles from the place of trial, with an order of the commissioner, bearing date eighteenth day of September, vacating the order to stay proceedings made on the fifteenth day of September, and on the same day took an inquest in the cause. The vacatur was granted without notice to the defendants.
   By the Court, Marcy, J.

The court approve of and will encourage vigilance, but feel it their duty to punish overreaching and oppressive practice. The inquest is set aside with costs.  