¶1Practice. — Rule for trial or nonpros.
¶2Ingersoll read an affidavit, stating the want of a material witness, who had been subpoenaed, and moved to put off the cause for that reason.
¶3Levy prayed,
¶4that, if the cause was continued, it might be under a rule to try next term, or nonpros ; and mentioned a case argued in this court by. Lewis, when it was so ruled.
¶5Lngersoll objected,
¶6that the rule for trial or non pros, was granted upon some laches on the part of the plaintiff ; and that there was no idea of that kind in the present case. He added, that the practice in the supreme court was contrary- to the rule prayed for. (b)
¶9Let the rule be entered: but this will not preclude the plaintiff from showing reasonable cause of delay, at the next term.(c)