Latham v. Winchell , 1 Wend. 281 ( 1828 )

By the Court,

Sutherland, X

This application is distinguishable from that in 6 Cowen, 392. There the notice was given previous to the circuit, which might have fallen through. Here it was not given until after the circuit had commenced, nor until younger, issues had been tried. The motion is granted, unless the plaintiff stipulates, &c.