INGERSOL read an affidavit, stating the want of a material witness, who had been subpoena'd, and moved to put off the cause for that reason.
Levy prayed that, if the cause was continued, it might be under a rule to try next term, or Non Pros; and mentioned a case argued in this Court by Lewis, when it was so ruled.
Ingersol objected, that the rule for trial or Non Pros, was granted upon some laches on the part of the Plaintiff; and that there was no idea of that kind in the present case. He added, that the practice in the Supreme Court was contrary to the rule prayed for.
BY THE COURT. — Let the rule be entered: But this will not preclude the Plaintiff from shewing reasonable cause of delay, at the next term.