 | New York (State). Supreme Court, George Caines - 1805 - 430 páginas
...Mann. Where a party hjjitinimpow- HENRY moved for judgment, as in case of non-suit* nunt'of coitsPa- for not proceeding to trial, and also for costs of the last ciratSwen't" the cu't' an<* ^osc formerly ordered,on an affidavit,stating a sicourt will not milar... | |
 | Great Britain. Court of Exchequer, Robert Philip Tyrwhitt - 1832 - 674 páginas
...the 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... | |
 | Great Britain. Court of Exchequer - 1832 - 642 páginas
...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... | |
 | William Johnson - 1837 - 678 páginas
...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 - 540 páginas
...to set 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... | |
 | New York (State). Supreme Court, William Johnson - 1846 - 690 páginas
...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 - 734 páginas
...(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... | |
 | George Caines - 1860 - 604 páginas
...after a due subpoena, is good cause against judgment as in case of nonsuit, and excuses stipulating. HENRY moved for judgment as in case of nonsuit for...after which the cause was again noticed, but neither plaintiff nor his witnesses attending at the circuit, the defendant requested that he and his witnesses... | |
 | George Caines - 1854 - 764 páginas
...countermand it, he must pay the defendant the intermediate costs of mlbpcenaing his witnesses. WOODWORTH moved for judgment as in case of nonsuit, for not proceeding to trial according to notice, on an affidavit stating that the cause being duly noticed, the defendant issued... | |
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HENRY moved for judgment, as in case of nonSuit, for not proceeding to trial... 
