St. John v. Hart

Ingraham, Justice.

The plaintiff should have made this motion as soon as he was aware of the defence of infancy. Since the answer was put in he has continued to proceed with the cause, and has materially increased the costs. There is no excuse for this, and he can only be relieved on payment of them.

Motion for leave to discontinue is granted on payment of the costs after the answer was put in.

No costs allowed on this motion.