Brandt v. Buckhout

The defendant has not accounted for his delay; if that be not done, and the application be not immediately after the laches, the default is waived, and cannot now be taken advantage of.

*114Woods lipped the .court would order the plaintiff to stipulate.

- Per curiam. He is not bound to stipulate.

Spencer prayed costs for resisting the application.

- Per curiam. Let the Plaintiff take them.

, Ordered, That the defendant take nothing by Ms motion* and pay the plaintiff his costs of opposing.

Radcliff and Livingston, justices, absent.