Page:United States Reports, Volume 2.djvu/117

 Sunun Cwivr or Pemyilwmiu. tri belbre a tingle judge; but after the return, it mult be dc. .ded typo. on an application to the Court ; which ought to be made, on L/vé the iirft day, or, at leall, withina reafonanle period, after the commencement of the term. The prefent motion cannot, therefore, be granted. Vasss onfur Serena. SSUE had been joined in this caufe, and the jury were · at the bar ready to be qualified for trying it, when Ser- jzaul moved for leave to retraét his plea, and to enter judgment by mu fum infbrmaru:. Rnwle and Du Pmczau, for the plain- tid, oppofed the motion: And Lewir, as amirui ruric, obfer- ving that the quefiion was of general importance, hoped that the Court would talte this opportunity of corre£t·ing, what hc conlidered to be an unreafonable and unwarrantable praétice. In fupport of his opinion he referred to Sty!. Pr. Reg 371. gu:. Law Die?. Tit. “ _7udgmmt.” 2 Lil!. Abr. 104. 5 Cam. Q. 186. 1 Brown]. 196. Br rua Courrr :-It has been a praéiice for the plaintiff': ` attorney to accept a judgment in the mode ptopofed by the mo- tion: but the point, for allowing the defendant’s attorney, either as matter of right, or indulgence, to retract his plea, under fuch circumltances, has never been brought before the Court on argument. The inconveniency of the delay, where, in fait, there is no difpute, is, however, tb palpable, that we cannot give a judicial countenance to the pra<‘.`ti¢:e.` Therefore, let the jury be called. Ex Pune Hoaxes. ALLAS moved fora fpecial Court to try various aftions. in which Mr. Halter was defendant, jointly with.Duer and arkzr; but it was objected by Lewir, that the reafon of the a£l: of Aifembly, for granting fpecial Courts, did not apply to cafes, where there were partners, who could remain, during the ulixal courfe of proceeding, to defend the caufes, and who did not join in the application. Br Tue Comer :—··The objcftion is not fuliicient to jullify the refufal of a motion for a fpecial Court. The Legiilature intended to relieve defendants, who were ready and willing to proceed to trial ; and accelerating a dccilion cannot poiliblyl in- jute

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