By the Court,
Savage, C. J.The motion is denied, with costs. Where the effect of a rule granting a commission is to stay the proceedings, the affidavit must state the party has a defence on the merits. (2 Johns. Cas. 285.)
By the Court,
Savage, C. J.The motion is denied, with costs. Where the effect of a rule granting a commission is to stay the proceedings, the affidavit must state the party has a defence on the merits. (2 Johns. Cas. 285.)