
    Rogers agianst Garrison.
    Though a cause has been on the day docket in New York, yet the non attendance of counsel to try it may, under circumstances, be an excuse for not allowing judgment, as in case of nonsuit.
    This cause bad at last New-York sittings been set down for trial on the day docket, but from some little confusion, as to the suits that would be heard before the respective judges, who separately at different times presided, the counsel did not attend. A motibn was made for judgment as íd case of nonsuit.
   Per Curiam.

Stipulate and pay costs.

Livingston, J.

I dissent from this, because the only use of a day docket is to enable the bar to know what cause will come on, and it then becomes their duty to attend. If we allow of excuses of this sort, the force of the rule, in the city of New-York, by which day dockets have been established will be totally done away.

On stipulating and paying costs motion denied. 
      
      
         See ante, vol. 1, p. 7, n.(1,) 112, n.(1.)
     