Bayard v. Malcom

THE notice of motion was not for the first day of term, accounted for this by an affidavit, stating that he had absolutely forgotten the day on which the term commenced, imagining it to be one week later than it really was. objected to the reception of this excuse, as Mr. Towt was the attorney on the record, therefore for him the forgetfulness of Mr. Munro could afford no excuse.