Majority
p. 241Morse vs. La Farge.
Headnote
A role to shew p^intiíFshoul^ not pay the deiguuriil s costs of preparing thV’notice^f trial is counon application,The plaintiff countermanded a notice of trial two days previous to the circuit, and stipulated to pay the defendant’s costs. The payment being refused after taxation of the costs, 1 _ the defendant applied for an attachment, or for such rule or order as the court should direct.
The Court granted a rule that the plaintiff pay the costs within twenty days after service of notice of the same, or that he shew cause by the first day of the next term.
J. Clarke, for defendant.
J. Butterfield, for plaintiff.
Anon.
Motions in real actions will be heard only on non-enu mi i <>,-ii - i~ > meratea days. The rules of October term, 1827, have not changed the practice in this particular.
. Motions m real actions must nL-enmnera" ted days.