Jackson ex dem. Carey v. Sutphen , 2 Cow. 457 ( 1824 )

Curia.

We cannot recognize any such practice as is contended for. The Judge gave no intimation that the first call of the calendar was considered by him, merely informal or irregular. We must take it"to have been the regular and ordinary call. It was the duty of the plaintiff to have been ready for trial, when his cause was first called.

Motion granted.