Doe v. Roe

According to a case in 2 P. Wms. 68, this question is cognizable in the court of chancery. It is said in that case, that if the plaintiff in the feigned issue give notice of trial, and do not countermand it in time, the court of chancery will give costs upon motion, and not put the party to move in a court of law. The remark certainly implies that we may also give the relief. We think, however, it belongs more properly to chancery.

Motion denied.