
    John F. Slocum vs. Truman Watkins.
    Where plaintiff was so sick as to be unable to attend to business, when cause might have been tried at the circuit, held sufficient excuse to stipulate.
    
      Motion by defendant for judgment, as in case of non-suit.—Issue was joined 4th April last; Circuit held 23d September last. Plaintiff did not notice the cause for trial. The excuse of plaintiff’s attorney for not noticing was, that he was sick, and unable to attend to business ; was confined to his room for five weeks previous and up to the time of the circuit.
    W. M. Allen, Hefts Counsel. E. J. Richardson, Hefts Mtty.
    
    
      Plffs Counsel. G. A. Yeomans, Plffs Mty.
    
   Per Curiam.—Excuse is sufficient for stipulation.

Hecision.—Motion granted, unless plaintiff stipulate and pay costs.  