The correction of the circuit calendar belongs exclusively to the judge ; nor will we interfere with his rules of practice on this head. Besides, he proceeded on the same principle which we have adopted in the correction of our own calendar. (Griswold v. Stewart, 3 Cow en, 16.) There is, however, an affidavit of merits ; and the defendants may take their motion on payment of costs; they having accounted for not appearing at the trial.
Rule accordingly.