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Silas Ireland v. Erastus H. Spalding and others
The Court held, that where a motion is noticed for a certain day in term, and is not called up on that day, nor postponed by order- of the Court to a subsequent day, it can not afterwards to be taken up without consent of parties. If the party appears to oppose the motion on the day for which it is noticed, he is entitled to his costs, but not afterwards.