
    
      Jackson, on the demise of Elkanah Watson, v. John Marsh.
    
    W. WOODS moved, on the common affidavit, for judgment as in case of nonsuit for not proceeding ' to trial.
    
      Emott
    
    resisted it by a counter affidavit, setting forth that the cause was duly noticed for Cayuga county, but, nine days before the trial, the defendant served a notice to produce papers, which were in Albany.
    
    
      Emott
    
    stated some circumstances tending to show tricking practice, but nothing of that sort appeared by the affidavit.
   Per Curiam.

What is the distance from the conn'ey court in Cayuga, to Albany ?

Emott. One hundred and eighty miles.

Per Curiam. The plaintiff must stipulate and pay costs. There is no proof of want of time.  