
    *Jeduthan G. Ross agt. Hiram S. Beecher et al.
    
    A-n affidavit, for the purpose of a motion to refer a cause, should be made by the party, or some excuse given why it is not. An affidavit made by the attorney of the party moving, and no excuse given why it was not made by the party; held, bad. (2 Howard, 7.)
    
      June Term, 1846.
    Motion by plaintiff for reference.
    The affidavit upon which this motion was' founded was made by the plaintiff’s attorney, and no excuse mentioned in it why it was not made by the plaintiff himself.
    E. J. Sherman, plaintiff's counsel and attorney.
    
    Jas. Forsyth, defendants' counsel.
    
    Hunt & Forsyth, defendants' attorneys.
    
   Jewett, Justice.

Denied the motion with costs, on the ground that the affidavit should have been made by the plaintiff, or some excuse given why it was not.  