Jackson, ex dem. Kemp and others, v. Parker and Brewster

Jackson, ex dem. Kemp and others, v. Parker and Brewster. CAINES applied for a rule, ordering the plaintiff* who had obtained a verdict, to malee up the record xyithin a given time, or that the defendant have leave to do it for him, as the verdict was complete evidence for the defendant, in a suit in chancery, between the same parties. Smith resisted the application, because the defendant had never requested it to be done. [MAJORITY — Per Curiam.] Per Curiam. Take your rule, allowing twenty days for the plaintiff to make up the record and car? ry in the roll, but without costs on either side. Not to the defendant, because he ought to have made a request to the plaintiff before notice of application to the court, and we refuse them to the plaintiff, be? cause he ought not to have come here to resist. Kettletas v. North, ante, p. 54. four days allowed.