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" Upon a motion for judgment as in case of a nonsuit, for not proceeding to trial after notice, the affidavit need not allege that due notice of trial has been given.— It is no objection to a rule for judgment as in case of a nonsuit... "
Reports of Cases Argued and Determined in the Supreme Court of Judicature ... - Page 499
by William Johnson, New York (State). Supreme Court - 1864
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Digested Index to the Term Reports

Sir Thomas Edlyne Tomlins - Law reports, digests, etc - 1812 - 736 pages
...v. Langley. 3 TR l 13. So, where a plaintiff' had once proceeded to trial, the Court of CP refused a rule for .judgment, as in case of a nonsuit, for not proceeding to 4 new trial. PoncUwt v. Madtloeks. l HB 101 14. 1 1' a cause be made a remanet, no new notice of trial...
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A Digested Index to the Modern Reports, of the Courts of Common ..., Volume 3

Nicholas Baylies - Law reports, digests, etc - 1814 - 530 pages
...its order on the calendar, bad it been noticed for trial. Cwrrlt rMoore. Í. Johns. Вер. 492. 28 An agreement to put off the trial of a cause, made...otherwise, the court will grant a rule for judgment, as in ca«e of nonsuit, for not proceeding to trial. Grisirold v. Lawrence, l -MMJtfp. 507. 174 PRACTICE...
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Reports of Cases Argued and Determined in the Court of ..., Volume 4; Volume 15

Great Britain. Court of Common Pleas, William Pyle Taunton - 1815 - 734 pages
...to withdraw his records in the other three. In this term Best, Serjt., had obtained a rule nisi for judgment as in case of a nonsuit for not proceeding to trial pursuant to notice, against which Shepherd, Serjt., now shewed cause upon the facts above stated. Best,...
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Reports of Cases Argued and Determined in the Supreme Court And ..., Volume 18

New Jersey. Supreme Court - Law reports, digests, etc - 1842 - 672 pages
...the King's Bench. BRODERICK adsm. AMES. Ill Eggleton v. Smart, 1 Bl. R. 375, the defendant moved for judgment as in case of a non-suit, for not proceeding to trial. It was objected, that in replevin, both 'parties arc considered as actors, and either may carry the...
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Reports of Cases Argued and Determined in the Court of King's ..., Volume 3

1816 - 452 pages
...the bread was for the use of the poor of the parish. The plaintiff declared against Bramble only, and judgment, as in case of a nonsuit for not proceeding to trial, was given against him. A rule nisi was obtained that the Master might tax double costs under the stats....
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Term Reports in the Court of King's Bench, Part 185, Volume 4

Great Britain. Court of King's Bench, Charles Durnford - Law reports, digests, etc - 1817 - 888 pages
...plaintiffto give notice of trial fur the sittings after that term, the defendant is not entitled to judgment as in case of a nonsuit for not proceeding to trial, unless the plaintiff has in fact given notice of trial. Mont v. TnuiamonJo, Hil. 33 Geo. 3. ib. 34....
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Reports of Cases Argued and Determined in the Courts of Common ..., Volume 2

Great Britain. Court of Common Pleas, John Bayly Moore - Law reports, digests, etc - 1818 - 828 pages
...SPENCEH v. WANT and Another, MR. Serjt. J'aitghan having, on a former day, obtained a rule nisi for judgment as in case of a nonsuit, for not proceeding to trial pursuant to notice, • .-I • Mr. Serjt. Lens now shewed cause, and objected to the affidavits on...
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The Practice of the Court of King's Bench in Personal Actions and ..., Volume 2

John Frederick Archbold - Civil procedure - 1819 - 336 pages
...fact; see the farm, Tidd, .Forms, 205. § 10; and give this with a motion paper to counsel, to mope for judgment as in case of a nonsuit, for not proceeding to trial in pursuance of a peremptory undertaking ; and the court wilt thereupon grant a rule ahsolute in the...
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The Practice of the Courts of King's Bench and Common Pleas in ..., Volume 2

William Tidd - Civil procedure - 1821 - 814 pages
...penalty on the same statute; the court of King's Bench held this to be a sufficient reason to discharge a rule for judgment as in case of a nonsuit, for not proceeding to trial; although the witness's liability to be sued would not be removed, till after the end of three succeeding...
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Reports of Cases Argued and Determined in the Court of Exchequer: From ...

Great Britain. Court of Exchequer, George Price - Law reports, digests, etc - 1821 - 772 pages
...Life, to lease for lives,) Construction, Extent, and Effect of. Vide LEASE, PRACTICE. (At Law.) 1. Rule for judgment as in case of a nonsuit, for not proceeding to trial after issue joined (obtained in the next Term, as it may be in thit Court), and notice of trial given...
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