Nicholson v. Showerman

By the Court,

The motion must be denied. It is not shewn that the demand of the plaintiff was unreasonably resisted or neglected. The action was defended *555apon the merits, and although the defence failed, it does not necessarily follow that it was improper to have made it; for aught that appears, the evidence in the case may have been nicely balanced.

Motion denied, without costs.