
    Curtis Bolton et al. agt. James McCullough.
    The same point decided in this case as in the preceding motion of Little agt. Mgelow, only there was no excuse offered in the affidavit for this motion, why the plaintiff did not make it.
    
      June Term, 1846.
    
    Motion by plaintiff for reference.
    In this cause the plaintiffs’ attorney made the affidavit for the motion, and gave no excuse why it was not made by the , party.
    J. H. Collier, plaintiffs' counsel.
    
    Charles Anthony, plaintiffs' attorney.
    
    J. Newland, defendant's counsel.
    
    J. C. Smith, defendant's attorney.
    
   Jewett, Justice.

Denied the motion with costs, on the same ground as in the preceding case of Little agt. Bigelow, only in this case no excuse was offered why the plaintiff did not make the affidavit for the motion.  