New York Supreme Court July 15, 1842 (Barker v. Norton)

By the Court, Cowen, J.

The defendants have now no in» terest in the action, and ceased to be parties on the election of their successors. Therefore they have no right to make this motion. Before the plaintiff can be put in default for not going to trial, the new commissioners must be made defendants on motion pursuant to 2 R. S. 388, 9, 2d ed. § 104.

Motion denied. '