Woods v. Dill — 1 Cole. & Cai. Cas. 108

Majority

p. 108

Woods ads. Dill

Headnote

MOTION by the defendant for costs, because the plaintiff did not try the cause at the circuit after he had noticed it. It was objected to, because the failure was owing to the defendant himself, who, when the plaintiff was prepared to go on, took exception to the jury 'process, which the plaintiff himself acknowledged to be void.

p. 109

jBowman, for the defendant.

Plmendorf for the plaintiff.

The defect of the process was the plaintiff’s mistake, and the defendant was certainly under no obligation to go to trial on it, nor had the plaintiff any right to demand it of him.

Let the defendant take the effect of his motion.