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Chapin against De Groff and others
Curia.
This motion might have been made at May term; instead of which, the defendant lies by, without excuse till the 25th of May. He then obtains an order to stay proceedings, which carries the plaintiff over the Ontario circuit, and produces the loss of a trial. If the defendant will wait till after issue joined, before he moves to change the venue, it behoves him to see that the plaintiff cannot lose a circuit by the delay. (Kent v. Dodge, 8 John. 447.)
Motion denied.