Seymour v. Deyo

5 Cow. 289

Opinion

Curia.

We cannot hear the question upon the nonsuit argued, merely to unsettle the question as to costs. Tips would be its only effect. Granting a new trial rests in the sound discretion of the court; and we have refused to do this, where it was plain that the only effect would he a recovery of nominal damages. The present case is analogous in principle ; and the motion must be granted.

Rule accordingly.(a)

Footnotes

(a)

Vid. Brantingham v. Fay, (1 John. Cas. 255.)