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" HENRY moved 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 356
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 ..., Volume 1

New York (State). Supreme Court of Judicature, New York (State). Supreme Court, George Caines - Law reports, digests, etc - 1804 - 640 pages
...motion. Lewis, chief justice, absent. Jackson, on the demise of Rodman, against Adam Brown. SPENCER moved for judgment, as in case of nonsuit, for not proceeding to trial. The notice was served on thefirst day of term, for argument on this. The affidavit accounted for its...
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New York Term Reports of Cases Argued and Determined in the ..., Volume 2

New York (State). Supreme Court, George Caines - Law reports, digests, etc - 1805 - 430 pages
...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...
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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
...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...
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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...
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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
...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...
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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 2

George Caines - Law reports, digests, etc - 1860 - 604 pages
...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...demanded and not paid, after which the cause was again noticed, but neither plaintiff nor his witnesses attending at the circuit, the defendant requested...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volumes 1-20

William Johnson - Law reports, digests, etc - 1860 - 516 pages
...on making the •tiixilation.(a) *TALCOT against WOODRUFF, Sheriff, &c. GR1SWOLD, for the defendant, moved for judgment as in case of nonsuit, for not proceeding to trial. Kirkland, contra, offered to stipulate to try the cause at the next circuit, or be nonsuited, and the...
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