The Practice of the High Court of Chancery volume 1

Cover The Practice of the High Court of Chancery volume 1
The Practice of the High Court of Chancery volume 1
Joseph Harrison
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But if the caufe be fet down at the defendant's requefr, and the complainant appeareth not, the defendant can take no ad- vantage of it, unlefs the fubp&na to hear judgment appears to have been ierved on the plaintiff; and otherwife the plaintiff is in no default. But if the plaintiff refufes to appear and open his bill, on reading an affidavit of fervice, the court will difmifs the bill with cofls to be taxed.
Commonly if the party who hath a caufe to fet down for hearing, is not ready to hear
... it at the day, but defires it may ftand over to a farther day, lie muft pay the other party the cofts of the day, if the court thinks fit to indulge a farther day ; yet when a caufe is fet down at the defendant's requeft, if the plaintiff (not being ferved with procefs to hear judgment) and his counfel attend, and the defendant with his counfel do not, the plaintiff fhall have no cofts, as he was not compelled to ap- pear without fervice of a Jubpcena to hear judgment, and the defendant might chufe whether he would go on to have the caufe heard or not.

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