 | Sir Thomas Edlyne Tomlins - 1812 - 736 Seiten
...nonsuit may be entered. Davis v. Jones. 1 NR 2б7 ,8. Although notice has been given of a motion for judgment as in case of a nonsuit for not proceeding to trial ii due time after issue joined, on whicl the plaintiff enters into a peremplor undertaking to try,... | |
 | Nicholas Baylies - 1814 - 530 Seiten
...Davis v. Jones, ¿feie Ilep. 267. íí/'ji. 500. Í8 Although notice has been given of a motion for judgment as in case of a nonsuit for not proceeding to trial in 'due time after issue joined, on •which the plaintiff enters into a ^peremptory undertaking to... | |
 | Great Britain. Court of Common Pleas, William Pyle Taunton - 1815 - 734 Seiten
...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,... | |
 | 1816 - 452 Seiten
...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.... | |
 | Great Britain. Court of Exchequer - 1817 - 344 Seiten
...On an issue of the preceding term, although no notice of trial is given, the defendant may enter up judgment as in case of a nonsuit for not proceeding to trial. Goodlitleon dem. Cooke v. Cullen. 500 10. If the plaintiff be nonsuited by a mistake of a witness in... | |
 | Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - 1817 - 806 Seiten
...penalty on the same act; this wu holden to bu a sufficient reason for discharging a rule for judgment, 35 in case of a nonsuit for not proceeding to trial, though the witness's liability to be sued, would not be removed until after the three succeeding terms. Raqucs... | |
 | William Tidd - 1817 - 718 Seiten
...has been determined, that a peremptory undertaking to try is alone sufficient cause to shew against judgment as in case of a nonsuit, for not proceeding to trial, if it be the first default*: but the practice is otherwise'; it being- necessary to shew, by affidavit,... | |
 | Great Britain. Court of King's Bench, Charles Durnford - 1817 - 888 Seiten
...plaintiff to give notice of trial for 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. Tremamondo, Hil. 32 Geo. 3. ib. 34.... | |
 | Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - 1817 - 946 Seiten
...defendant's power .to take advantage of this objection at several different periods : he might have moved for judgment as in case of a nonsuit, for not proceeding to trial according to the practice of the court after issue joined; or when, after a year's delay, the plaintiff... | |
 | Great Britain. Court of King's Bench, Charles Durnford - 1817 - 860 Seiten
...defendant's power to take advantage of ibis objection at several different periods: lie might have moved for judgment as in case of a nonsuit, for not proceeding to trial according to the practice of the court after issue joined; or when, a/ter a year's delay, the plaintiff... | |
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of two defendants in an action of tort may move for judgment as in case of a nonsuit for not proceeding to trial, though the other has suffered judgment by default, and the venire as to him, was only to assess damages. And it need not appear that he has... 
