Majority
p. 384*Jackson, ex dem. Kemp and others, against Parker and Brewster.
Headnote
After a verdict for the plaintiff, if he neglect to make up the record the court will permit the defendant to do it; but if he apply to the court before request made to the plaintiff costs of the motion will not be allowed on either side.Caines applied for a rule ordering tbe plaintiff^ who had obtained a verdict, to make up the record within 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. •
Take your rule, allowing twenty days[1] for the plaintiff to make up the record and carry 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 because he ought not to have come here to resist.
Motion granted nisi, but without costs.
(a) (a) Kettletas v. North, Cole, 49, four days allowed.