 | George Caines - Law reports, digests, etc - 1854 - 764 pages
...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... | |
 | 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
...adjoining counties to serve the same. The cause not being tried, a motion was now made by the defendant for judgment as in case of nonsuit, for not proceeding to trial. The principal question presented, was, whether the plaintiff was liable to pay the defendant's costs... | |
 | 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
...about to go abroad, should be read from the judge's notes. [PRACTICE COURT, ET 1 8 Vic.] MR Vankoughnet moved for judgment as in case of nonsuit, for not proceeding to trial at the last Toronto assizes, on the usual affidavit. MC Cameron shewed cause, and filed his own affidavit,... | |
 | 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
...other notice was served. February 2nd, 1881. CA Palmer, on behalf of defendants, Taylor and Knight, moved for judgment as in case of nonsuit, for not proceeding to trial according to the practice of the Court : Refered to Allen's Rules, 27. HH McLean, contra. I contend... | |
 | New Brunswick. Supreme Court - Equity - 1898 - 652 pages
...Law 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... | |
 | New Brunswick. Supreme Court, Ward Chipman, Sir John Campbell Allen, Allen Otty Earle, Thomas Carleton Allen, George F. S. Berton, David Shank Kerr, George B. Seely, James Hannay, William Pugsley, Arthur I. Trueman, George Wheelock Burbidge, George W. Allen, John L. Carleton, William Henry Harrison, Ernest Doiron, Douglas King Hazen - Law reports, digests, etc - 1881 - 654 pages
...other notice was served. February 2nd, 1881. GA Pcdmer, on behalf of defendants, Taylor and Knight, moved for judgment as in case of nonsuit, for not proceeding to trial according to the practice of the Court : Refered to Allen's Rules, 27. HH McLean, contra. I contend... | |
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HENRY moved for judgment as in case of nonsuit for not proceeding to trial... 
