General

Manhattan Company against Brower

2 Cai. 381·New York Supreme Court of Judicature·1805·NY

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Opinion

Manhattan Company against Brower. That a cause was not on the day docket for the sittings in New York, ia matter of excuse on a motion for judgment as in case of nonsuit, and must come from the plaintiff on affidavit. Hoffman objected, on a motion for judgment as in case of nonsuit for not proceeding to trial at the New York sittings according to notice, that the affidavit did not state the cause to have been on the day docket. This he contended ought always to be shown, because unless so placed, it could not come on, and the plaintiff, therefore, could not be in default. [MAJORITY — Per Curiam.] Per Curiam. Its not being on tbe day docket is matter of excuse, to come from tbe plaintiff, and appear by affidavit. Motion granted.