 | Great Britain. Court of Exchequer - Court rules - 1832 - 642 pages
...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 - Court rules - 1832 - 674 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... | |
 | William Johnson - Law reports, digests, etc - 1837 - 678 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... | |
 | Nathan Howard (Jr.) - Civil procedure - 1845 - 568 pages
...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... | |
 | 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... | |
 | 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... | |
 | John Adams - Ejectment - 1854 - 734 pages
...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... | |
 | George Caines - Law reports, digests, etc - 1854 - 764 pages
...other causes, nor be obliged to stipulate, and the costs shall abide the event of the suit. THIS was a motion for judgment as in case of nonsuit for not proceeding to taal. The affidavit, on which it was grounded, stated, that issue was joined in January term, 1802... | |
 | Nathan Howard (Jr.) - Civil procedure - 1860 - 608 pages
...Motion on the part of defendants to dismiss complaint, and for judgment Field agt. Hawxhurst and others. as in case of non-suit, for not proceeding to trial at the Allegany circuit in April last. S. HUBBARD,/<W Defendants. RL BRUNDAGE,/or Plaintiff. WELLES, Justice.... | |
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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... 
