Per Curiam. We must deny the motion ; because, in the first place, there were cross verdicts to nearly the same amounts. Secondly, the cases were never perfected, and it did not appear to be exclusively the fault of either. Thirdly, the plaintiffs’ attorney not having denied the omission of certain material facts, the court Would presume they had appeared on the trial, and ought to be a part of the case.—» ’ ° r Let the case be perfected within thirty days. Hopkins prayed costs, insisting he had been regular. Per Curiam.
We consider, that the plaintiffs were irregular, in not answering when applied to, whether they would receive amendments or not. N. B. It was said, by the court, that where a defendant, after verdict, makes a case, and notices for argument, if he does not appear at the time when called, judgment shall go: but when the plaintiff notices a case, made on the part of the defendant, and the plaintiff is not ready, it shall go down.