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Smith v. Prior and others
By the Court,
Savage, Ch. J.
The defendants should have accepted the plaintiff’s offer, and were bound to do so, unless ■. it was impossible for them to have prepared for trial on short notice. This is not even now offered as an excuse, and we
[499] cannot but perceive that the sole object of the defendants is delay. This motion therefore is denied, and such will be our order in all similar cases.
