Anon

5 Wend. 82

Opinion

Mr. Justice Marcy

said, that though the court would be more indulgent than formerly in consequence of the frequent opportunities afforded for the dispalcii of bn.-iness of this kind, still, as they were desirous to prevent the accumulation of if, they would require an excuse to be shewn if motions were not made at as early a day as they might, with ordinary diligence have been presented; which excuse must be shewn by affidavit, and served on the opposite parly.