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" ON an application for judgment as in case of nonsuit for not proceeding to trial... "
Reports of Cases of Practice: Determined in the Supreme Court of Judicature ... - Page 471
by William Coleman, New York (State). Supreme Court, George Caines - 1808 - 530 pages
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New York Term Reports of Cases Argued and Determined in the ..., Volumes 1-3

New York (State). Supreme Court, George Caines - Law reports, digests, etc - 1804 - 642 pages
...competent. Jackson, on the demise of Williams and others, against Chamberlin and others. RUSSEL moved for judgment, as in case of nonsuit, for not proceeding to trial. The affidavit stated, that issue was joined previous to June, 1802. Van Vecten read an affidavit, setting forth that thirtyfive...
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New York Term Reports of Cases Argued and Determined in the ..., Volume 1

New York (State). Supreme Court of Judicature, New York (State). Supreme Court, George Caines - Law reports, digests, etc - 1804 - 640 pages
...Jackson, on the demise of Elkanah Watson, against John Marsh. \V. WOODS moved, on the common affidavit, for judgment as in case of nonsuit for not proceeding to trial. • Emmott resisted it by a counter affidavit, setting forth ' ' - .1 ALBANY. Augull 1803. Alexander...
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Reports of Cases Argued and Determined in the Courts of Exchequer and ...

Great Britain. Court of Exchequer - Court rules - 1832 - 644 pages
...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 not in...
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Reports of Cases Argued and Determined in the Courts of Exchequer and ...

Great Britain. Court of Exchequer, Robert Philip Tyrwhitt - Court rules - 1832 - 676 pages
...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...
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A Digest of the Cases Decided and Reported in the Supreme Court of ...

William Johnson - Law reports, digests, etc - 1837 - 676 pages
...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...
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The Law Times, Volume 4

Law - 1845 - 540 pages
...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...
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Reports of Cases Adjudged in the Supreme Court of Judicature of ..., Volume 1

New York (State). Supreme Court, William Johnson - Law reports, digests, etc - 1846 - 690 pages
...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...
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A Treatise on the Principles and Practice of the Action of Ejectment: And ...

John Adams - Ejectment - 1854 - 734 pages
...(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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Reports of Cases Argued and Determined in the Supreme Court of the ..., Volume 1

George Caines - Law reports, digests, etc - 1854 - 764 pages
...to try his cause, and others have been heard, he must show that they were older issues. RUSSEL moved for judgment as in case of nonsuit, for not proceeding to trial. The affidavit stated, that issue was joined previous to June, 1802. Van Vetchen read an affidavit, setting forth that thirtyfive...
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Volume 2

George Caines - Law reports, digests, etc - 1860 - 604 pages
...and WIFE, If a cause be submitted to arbitrators before a circuit, and an application afterwards made for judgment as in case of nonsuit for not proceeding to trial, the plaintiff will be entitled to costs for resisting the application. VAN ANTWERP moved for judgment as...
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