Travis v. Hadden , 1 How. Pr. 55 ( 1844 )

Plaintiff’s counsel insists the motion is too late, it should be denied on the ground of delay.

Defendant’s counsel insists, that under the state of facts as shown by defendant, his being unaware of the decision of this court and using due diligence after he ascertained such decision, should be a sufficient excuse. 58] Decision.—Motion granted on payment of costs of default, circuit and demurrer and costs of opposing motion.