Lusher v. Walton

If the cause contains long accounts you cannot try it.

The omission must be accounted for, and therefore we cannot say we will hear it. All notices must be for the first day; see ante, 73, n. (a), if not, an excuse *205must be offered. But a party’s misapprehending a rule has frequently been received as an excuse. The decision quoted has altered the former practice, and if the party will swear he did not know it, he may apply again

Mnott,

waiving, his objection as to the omission of the names, opposed the rule on a deposition by the plaintiff stating that an account between him and the defendant had…