
    
      Cotes, Titford and Brookes v. James Thompson.
    
    THE court had the last term denied a motion for judgment, as in case of nonsuit for not proceeding to trial, on the plaintiff’s stipulating to try at the last sittings for the city and county of New- York, nine months having elapsed since issuing the commission in the cause. The plaintiffs not having proceeded agreeably to that stipulation,
    
      Boyd
    
    moved again for judgment as in case of non-suit.
    
      
      Munro. contra,
    read an affidavit, stating the com- ° mission to have been mislaid by the defendant’s commissioner; it is now found, and is shortly expected to be returned.
   Per Curiam.

The motion must be refused; but the plaintiff must pay costs and stipulate anew.  