Post v. Wright

All reasonable notice to attend and defend the suit was given. The cause was on the day docket, and there is no kind of excuse(a) why the defendant was absent. *157He had a counsel in court, and might have been there himself, with his witnesses. The defendant, therefore, can take-nothing by his motion.

Hoffman urged strongly the rigour of the practice, that it would operate only against the attorney of the plaintiff, that it was the first instance of such strictness.

The Court answered, there must be a first time in all proceedings; that they found it necessary to enforce their rules, and had made…