Lown v. Roose , 6 Cow. 394 ( 1826 )

Curia.

The obligation to demand costs on the rule nisi, for judgment as in case of nonsuit, does not attach till a stipulation be actually given. Here was a delay of more than 20 days to give the stipulation. On a rule of this kind, the stipulation must be given, at least, within 20 days from the rule; and we think instanter; or the defendant may proceed and perfect his judgment of nonsuit. The motion must be denied.

Motion denied.