James Brandt, on the demise of William Rickets Van Courtlandt, and Philip Van Courtlandt, v. Matthias Buckhout and Abraham Buckhout, 1 Cole. & Cai. Cas. 186

Per Curiam. The defendant has not accounted for his delay; if that be not done, and the application be not immediately after the loches, the default is waived, and cannot now be taken advantage of. Woods hoped the court would order the plaintiff to stipulate. Per Curiam. He is not bound to stipulate. Spencer prayed costs for resisting the application. Per Curiam. Let the plaintiff take them. Ordered, That the defendant take nothing by his motion, and pay the plaintiff his costs of opposing.