Acting under that belief, he did not prepare himself.
Hopkins hoped the plaintiff would be ordered to stipulate and pay costs.
Per Curiam.The excuse is certainly not sufficient to exonerate from costs. If admitted in one case, it niust be in all; and however the good faith of the *158plaintiff’s conduct, and our belief of it, may deny the judgment moved for, to refuse costs would do away the effect of the rule. The plaintiff must stipulate.