 | William Coleman, New York (State). Supreme Court, George Caines - 1808 - عدد الصفحات: 548
...matter, the plaintiff to be at liberty to discontinue without costs. Manhattan Company v. JBrower. HOFFMAN objected, on a motion for judgment as in case of nonsuit, for not proceeding to trial at tlie New- York sittings, according to notice, that the affidavit did not state the cause to have been... | |
 | William Coleman, New York (State). Supreme Court, George Caines - 1808 - عدد الصفحات: 548
...postpone the trial. Cotes, Titford and Brookes v. James Thompson. THE court had the last term denied a motion for judgment, as in case of nonsuit for not proceeding to trial, on the plaintiff's stipulating to try at the last sittings for the city and county of New-York, nine... | |
 | Great Britain. Court of Exchequer - 1832 - عدد الصفحات: 642
...discharged upon a peremptory undertaking, but on terms of paying costs. Grant v. Kearney, 12 Pri. 529. Where a motion for judgment as in case of nonsuit, for not proceeding to trial (the notice having been countermanded) is discharged on a peremptory undertaking, the defendant is... | |
 | Great Britain. Court of Exchequer, Robert Philip Tyrwhitt - 1832 - عدد الصفحات: 674
...hearing of that rule ; that motion would have been too late if postponed till after defendant had moved for judgment as in case of nonsuit for not proceeding to trial on the peremptory undertaking; that rule being absolute in the first instance, though it might be set... | |
 | William Johnson - 1837 - عدد الصفحات: 678
...execution in the mean time, and neither party to recover costs on the application. Ibid. 72. On a notice for judgment as in case of nonsuit, for not proceeding to trial, in enaction against a sheriff, where a plaintiff is entitled to stipulate, he is not bound to pay double... | |
 | 1845 - عدد الصفحات: 540
...aside an order of Maule, J. herein. Rule refused. Monday. COOK r. COPLEY. — Sir John Bayley moved for judgment as in case of nonsuit for not proceeding to trial pursuant to a peremptory undertaking. Rule granted. SHARP ». CCMMINOS. — R. Allen moved in this... | |
 | Nathan Howard (Jr.) - 1845 - عدد الصفحات: 568
...plaintiff shows that no cause of as young an issue was tried at the circuit, 72. defendant can not prevail on a motion for judgment, as in case of non-suit, for not noticing cause for trial, where he has stayed plaintiff's proceedings by injunction, except to proceed... | |
 | New York (State). Supreme Court, William Johnson - 1846 - عدد الصفحات: 690
...affidavit on which a special motion is founded, must be served on the opposite party. A MOTION was made for judgment, as in case of nonsuit, for not proceeding to trial, on the usual affidavit; but no copy had been served on the opposite party. Per Curiam. It is a rule... | |
 | John Adams - 1854 - عدد الصفحات: 734
...personal.(6) (a) Thrustout d. Turner v. Grey, Stran. 1056. (6) Thrustout v. Bedwell, 2 Wils. 7. But, on a motion for judgment, as in case of non-suit, for not proceeding to trial pursuant to stipulation, tho death of the lessor, after the stipulation, and previous to the circuit... | |
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By the practice as so established here, a defendant was entitled to move for judgment as in case of nonsuit, for not proceeding to trial... 
