Ross v. Vaughan

3 Johns. 442

Opinion

Per Curiam.

A rule has been adopted in regard to causes tried at the sittings in New-Tork. that where it is "made to appear, that the cause could not have been tried, had it been noticed for trial, the plaintiff, on a motion for a nonsuit, shall be excused from stipulating ; but this rule was not intended to be applied to causes "at th,e' country circuits, where the reason for it can seldom exist. The plaintiff must stipulate or be nonsuited.

Rule granted.