Majority
p. 117Lansing, who is impleaded with Doe, ads. Gorham.
Headnote
FOOT moved to set aside the default and to be let in to defend, upon an affidavit of merits, and that
p. 118and. read counter affidavits as to merits:
the omission to plead was occasioned by urgent business. He stated that it was a case of bail, and, therefore, is to be considered as one which comes recommended to the grace of the court.
Lush, contra,
If a party wants more time to plead, he must apply to a judge at his chambers to enlarge the rule. This is stated to be an application in favour of bail, but it should be remembered that the cases of bail to which the court are particularly indulgent, are, where bail wants time to surrender the principal, but here he comes to defend the suit, and, therefore, stands in the same situation with any other defendant.
Motion denied.