Common Pleas.
Before Judges Ulshoeffer and Ingraham
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Franklin Whiting ads John b. Dickinson -CoURr-This
Is an appeal from order made a motion for judg
ment Of nsut for not trying at the July term The
paid at the Termination Of the suit First impression


s that the plaintiffs attorney after the order served
by stpuating to try at the next term complied with the
order and could not afterwards appeal unless he first
moved for leave to Withdraw his stipulation He could
not both spulae and appesl Second, upon the merits
OF the the Judge did not All the ruies
Of practice operate hard upon the party who by mere
neglect subjected coss and although the Judge who
hears and decides such motions the present may
sder the hardship and order the to abide the event.
to be paid at the termination OF the suit yet co not
encourage appeals from such orders Matters relating to
such cases. rest in the sound discretion OF the


judge and appeals III respect costs rarely


ul The plaintiff having stipulated since the order the
stipulation and order to stand, and the defendants
COSTS ST. Of resisting this motion, are likewise to be paid
at the termination of the suit