
    Wild against Gillet.
    On motion for judgment, as in case of nonsuit for. not proceeding to trial, the r,ule-.will not be granted', if the plaintiff stipulate to bring the cause to trial at the next circuit. Such motion must be made.the'next term after the default, ór the plaintiff need not stipulate.
    A motion was made for judgment, as in case of nonsuit, on the usual affidavit.
   Per Curiam.

A defendant is not entitled to -judgment, as in case of nonsuit, for the first default, provided the plaintiff will stipulate to bring the. cause to trial at the next- circuit; but if the plaintiff can sufficiently account for the default, he will not be required to stipulate. In all cases, the .defendant must make this motion the next term after the default, or he will be deemed to have waived his claim to a stipulation on the part of the plaintiff. 
      
      
         S. C., C. C. 64. Graham’s Prac. 2d edit. 616, 617. Rogers v. Garrison, 2 Caines’ R. 379. Lowne v. Rooce, 6 Cowen, 394. Brandt v. Buckhout, 1 Caines’ R. 113. Mumford v. Columbian Ins. Co. 2 id. 251.
     