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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... "
The Legal Observer, Digest, and Journal of Jurisprudence - Seite 6
1851
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A Digested Index to the Term Reports: Containing All the Points of Law ...

Great Britain. Court of King's Bench, Sir Thomas Edlyne Tomlins - 1812 - 666 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,...
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A Digested Index to the Modern Reports, of the Courts of Common Law, in ...

Nicholas Baylies - 1814
...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...
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Reports of Cases Argued and Determined in the Court of Common Pleas ..., Band 4

Great Britain. Court of Common Pleas, William Pyle Taunton - 1815
...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 Court of King's Bench ..., Band 3

1816
...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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Reports of Cases Argued and Determined in the Court of Exchequer,: From ...

Great Britain. Court of Exchequer - 1817 - 330 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...
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Term Reports in the Court of King's Bench, Band 7

Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - 1817
...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...
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The Practice of the Courts of King's Bench and Common Pleas in ..., Band 2

William Tidd - 1817
...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,...
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Term Reports in the Court of King's Bench, Band 4

Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - 1817
...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....
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Term Reports in the Court of King's Bench, Band 3

Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - 1817
...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...
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Term Reports in the Court of King's Bench, Band 3

Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - 1817
...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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