Majority
p. 133Newkirk and wife vs. Fox.
Headnote
Ejectment. VAN VECHTEN moved to discharge a Judge’s certificate staying proceedings, because the defendant had neglected to prepare his case within the two days allowed.It was said in answer, that the reason was because the judge left the place where the circuit was held so soon after an application to him, that it was not possible to have the case completed.
As no reason has been assigned for the subsequent omission, the defendant appears before the Court without a sufficient excuse.
Motion granted.