It was ruled, that judgment as in case of nonsuit for not proceeding to trial, must be moved for -the next term after tbe laches, and the practice, according to the case of Brandi v. Buclchout, vol. 1, p. 113, was now confirmed.
N. B. — Sanford (United States Attorney) mentioned, that by the words of the act it might be moved for “ at any time.” But the court paid no attention to the remark.