 | William Johnson, New York (State). Supreme Court - Law reports, digests, etc - 1860 - 516 pages
...making the stipulation. (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... | |
 | Law - 1864 - 572 pages
...parties, and that it was his intention to try it. In Hvichinson v. Hutchinson (9 Price, 389) " an order for judgment as in case of nonsuit for not proceeding to trial after a peremptory undertaking, being absolute in the first instance, may be set aside on a motion... | |
 | Great Britain. Courts - Law reports, digests, etc - 1871 - 828 pages
...trial, it is not necessary to stale what the evidence is. VACOIIAN, Serjt., having obtained a rule for judgment as in case of nonsuit, for not proceeding to trial pursuant to notice, Shepherd, Solicitor-General, showed cause upon an affidavit, stating that the plaintiff... | |
 | John Lansing Wendell - Law reports, digests, etc - 1874 - 426 pages
...as an excuse for not proceeding to trial, and the plaintiff be permitted to stipulate anew. MOTION for judgment as in case of nonsuit for not proceeding to trial after stipulation. The excuse offered is, that Kimber, one of the lessors of the plaintiff, for whose... | |
 | Sir James Lukin Robinson, Christopher Robinson, Henry O'Brien, James Stewart Tupper, William Egerton Perdue, Ontario. Practice Court, Thomas Taylor Rolph - Law reports, digests, etc - 1876 - 442 pages
...action. [PRACTICE COURT, TT 16 Vic.] In this case an application was made during the last term (Easter) for judgment as in case of nonsuit, for not proceeding to trial according to the practice of the court ; and on the part of the lessor of the plaintiff it was then... | |
 | James Gray Stevens - Law reports, digests, etc - 1880 - 1564 pages
...should take steps to have it struck off as soon as it comes to his knowledge, otherwise he cannot move for judgment as in case of nonsuit, for not proceeding to trial pursuant to notice, if the cause has been made a remanet. McLelland v. Masson, 2 Pug. 59. 8— 1%'ot... | |
 | William Pugsley - 1881 - 656 pages
...with the English practice. 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, according to the practice of the Court, when he failed to give notice of trial at the first sittings... | |
 | George Caines - Law reports, digests, etc - 1885 - 616 pages
...into writing, extends to parties in the suit, as well as to attorneys. See 1 Cames' Rep. 148, n. (a.) ON an application for judgment as in case of non-suit...took the case *out of the operation of the twelfth [*130] rule of April, 1796, which, it was argued, was obligatory only on officers of the court. THOMPSON,... | |
 | New Brunswick. Supreme Court - Equity - 1898 - 652 pages
...Rep. 29; Thompson v. Armstrong, 1 Ir. Jur. NS 335. In Miller v. Weldon, s«;«'«, the defendant moved for judgment as in case of nonsuit for not proceeding to trial pursuant to a peremptory undertaking. It was discovered that the cause had never been entered, and... | |
 | Austin Wakeman Scott - Civil procedure - 1919 - 770 pages
...NEW YORK. 1812. [Reported 9 Johnson's fie1mrta, 260.] A MOTION was made in behalf of the defendant, for judgment as in case of nonsuit, for not proceeding to trial in this cause, at the last circuit in Rensselaer county. It appeared that after the cause had been... | |
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ON an application for judgment as in case of nonsuit for not proceeding to trial... 
