Majority
p. 179September Term, 1792. Shaw versus Wallace.
Syllabus
THIS cause was set down for trial; but was afterwards continued by the plaintiff. The defendant’s attorney, prayed a rule might be granted for security for costs, the
p. 180
plaintiff residing in New-York. Moylan, objected, that the motion came too late, after the cause had been marked for trial.
But,
—It is never too late to grant the rule, when it will not delay the trial.
Rule granted.