Sholes v. Stoddard , 1 Kirby 163 ( 1786 )

. . MotioN was made in court for a new trial, and it was said by one of the judges, that if the motion be made, and reduced to writing the same term the first trial is had, it is sufficient notice to hold the adverse party to appear and answer: But the motion was continued to next term, that notice might be given; and the court refused to stay execution in the meantime.