¶1Acting under that belief, he did not prepare himself.
¶2Hopkins asked for a stipulation and costs.
¶3The excuse is certainly not sufficient to exonerate from costs. If admitted in one case, it must be in all; and, however the good faith of the plaintiff’s com duct, and our belief of it, may deny the judgment moved for, to refuse costs would do away the effect of the rule. The plaintiff must stipulate.
¶4On stipulation and costs, motion denied.
¶5See Russell v. Ball, post, 252.