Majority
p. 427Jackson, ex dem. Kemp and others, v. Parker and Brewster.
Headnote
CAINES applied for a rule, ordering the plaintiff* who had obtained a verdict, to malee up the record xyithin a given time, or that the defendant have leave
p. 428resisted the application, because the defendant had never requested it to be done.
to do it for him, as the verdict was complete evidence for the defendant, in a suit in chancery, between the same parties.
Smith
Take your rule, allowing twenty days[1] for the plaintiff to make up the record and car? ry 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, be? cause he ought not to have come here to resist.
* Kettletas v. North, ante, p. 54. four days allowed.