Page:United States Reports, Volume 1.djvu/92

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N motion to put off the trial of this caue, Sergeant tendered the affidavit of John Adams (who called himelf the landlord of the defendant, and declared himelf intereted in the uit) to prove the abence a material witnes.

Lewis and Coxe objected, for the plaintiff, that the affidavit hould be made by the defendant himelf.

But received the affidavit, and ordered the trial off. 

T was ruled in this caue, that notice of the time and place of the meeting of referrees, mut be erved on the party himelf, and not on his attorney; unles it be otherwie pecified in the rule of referrence.

For a contrary practice, the report, in the preent intance, was et aide, on motion of Lewis, in behalf of the defendant, oppoed by Ingerol, for the plaintiff. 

EVY obtained a rule to hew caue, why a houe which had been delivered to the plaintiffs on a , that iued in this caue, hould not now be urrendered to the vendee of the defendant, upon his bringing into court, the principal, interet, and cots.

On the 9th of Augut, Lewis and Sergeant hewed caue, and the rule was dicharged; being unwilling to go into the matter in a ummary mode, upon mere motion, and expreing their dilike of the . The principal quetion was, therefore, left undetermined.