Kane v. Scofield

By the oppolition of the cafe cited, is not intended the mere faying of counfel that they oppofe ; it muft *369be fuch as has at leaft a colour or femblance of reality. The notice could not be for the firit day. It appears by the record,. that it was not till then that there was a joinder in demurrer.

N. B. It was ruled in this cafe, that where the reafon of not noticing for the firf day of term, appears on the face of the record, no affidavit in excufe need be made.