United States Reports, Volume 1 {1 Dall.}
Supreme Court of the United States
1405568United States Reports, Volume 1 {1 Dall.}Supreme Court of the United States


1788.

SCHLOSSER verʃus LESHER.

I

NGERSOL read an affidavit, ftating the want of a material witnefs, who had been ʃubpœne‘d, and moved to put off the caufe for that reafon.


Levy prayed that, if the caufe was continued, it might be under a rule to try next term, or Non Pros ; and mentioned a cafe argued in this Court by Lewis, when it was fo ruled.

Ingerʃol objected, that the rule for trial or Non Pros, was granted upon fome laches on the part of the Plaintiff ; and that there was no idea of that kind in the prefent cafe. He added, that the practice in the Supreme Court was contrary to the rule prayed for.

by the court.− Let the rule be entered : But this will not preclude the Plaintiff from fhewing reafonable caufe of delay, at the next term.