Manhattan Co. v. Brower

Headnote

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.