
    STEWART’S LESSEE, vs. AUSTIN.
    A mis-trial after two continuances have been granted the defendant, places him in no better situation on an application for a third continuance.
   Upon an affidavit by the defendant to continue the cause, it appeared, that a mistrial had taken place at the last court. It was insisted, that by the defendant’s coming to trial at the last term, it shewed his willingness to have a determination, and excludes the idea of evasion in this application. Though there were two continuances by the defendant before the mis-trial, the defendant ought to stand in the same situation, as if this were the first application. The mis-trial merged all antecedent continuances. By the court this must be considered as an application for a third continuance.  