The opinion
Per Curiam.
The excuse is sufficient to prevent granting the judgment applied for, (a) but the plaintiff must pay the costs of not proceeding to trial. It was a misfortune, it is true, that the parties should have been afflicted with sickness, but it is a misfortune that ought not to fall on the defendant.
Motion denied on paying costs.
Lewis, Ch. J., absent.
Rogers r. Harrison, 2 Caines’ Rep. 379. Steinbach v. Hallett, 1 Johns Rep. 141.