
    Jackson, on the demise of Watson, against Marsh.
    Nine days’ notice is enough to produce in Cayuga papers in Albany, 180 miles distant.
    W. Woods moved, on the common affidavit, for judgment as in case of nonsuit for not proceeding to trial.
    
      Emott
    
    resisted it on an 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.
    He also stated some circumstances tending to show tricking practice, but nothing of that sort appeared by the affidavit.
    
      Emott.
    
    One hundred and eighty miles.
   Court.

What is the distance from the county court in Cayuga to Albany ?

Per Curiam.

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

On stipulating and paying costs,

Judgment of nonsuit refused.

Lewis, Ch. J., absent.  