(DBa.e.O(pi|i.p.ll74.4:PaUni,TiiL5fi.}  The
*ni)»e»Ca  iDJ^t  be  met  hj  a  nRmter^dateoioit
{iittunymBi£)  fiem  the  oppoaite  par^  affirming
hie  bdief  that  the  leSHU  alleged  were  fictilioui
•r  alonnible.  Id  eomtettion  with  thii  point,  we
m^  obecTTe  that,  actording  to  PoUni  (viiL  60),
Ifae  notiDo  for  a  new  trial  could  only  be  inatained
in  caaea  wbse  the  applicant  had  made  a  fkw^iefffit,
and  demnied  ather  pcnonally  or  by  proxy  aoainit
the  panig  of  judgment  on  the  regiJar  day.  More-
■rn',  it  wai  incumwnt  on  the  peity  who  wiihed  for
a  DTw  trial  to  more  for  it  within  ten  dayi  after
jadgnetit  had  been  ptonoonced,  and  aren  then  he
vaa  obliged  u  take  a  kind  of  hw^os-Ia,  to  the
eflret  thu  hii  abaence  on  the  proper  day  «u  in-
ToJnntary.  (PoUnx,  Tiii.  60.)  In  de&ult  of  com-
pjmaee  with  tbeae  conditioni,  the  preTiom  aenteoco
W1H  confirmed.  (Dem.  cl  Af»f.  p.  £42.)  We  are
told  alao  by  Photioa  (Ln.  i.  v.  fifl  "Aro  W^),  that
it  waa  competent  fu  pUinnff  at  well  at  defendant
to  sure  lot  a  new  trial  od  the  groundt  we  have
mentiaDed.  Whenjt  waa  granted,  the  fonnerter-
diet  waa  aet  laide  (4  'p4f  *  JAlteTD),  and  the  jei-
tin  went  again  before  ao  arbitrator,  probably
thmgh  the  mMnmentality  of  the  tLnryiiyfit,  to
irltoin  applicalian  had  been  made  in  the  fini  in-
aiaiwe.  The  pneeaa  iuelf  it  called  irrUntir  in
Greek,  and  doea  not  aeem  to  haie  been  confined  to
Iriale  hefore  the  Diaetetae :  the  (oneapiaiding  term


DIAUASTIOOSIS.
Thia,  howerer,  wat  not  the  ouljr  mea

ting  adde  a  judgment,  inwmnch  at  it  mil

effected  by  en  *^(rii,  or  ^iped  to  tl

tonrta  [Al  '"


{GnMK)],ar._._  _..
had  been  tendered,  by  a  iCini  Koiiarixr'mi
(Harpoer.  i.  v. ;  Dem.  c  TfautLp.  1201.  G).
