Sealy v. Shattuck , 2 Johns. Cas. 69 ( 1800 )

Per Curiam.

The plaintiff ought to have applied for the effect of his rule, at the next term, after notice of it was proved. Having slept so long, he must be presumed to have waived it. The motion must be denied.

Motion denied.(^a)

a (a) See n. b. to Sheldon v. McEvers, sup. vol. 1, p. 69. Oppie v. Colgrove, 19 Johns. R. 124. Burr v. Waterman, 18 id. 508. 2 Grah. Prac. 2d ed. 955.