As many causes were tried, it is incumbent on the plaintiff to show that those issues were older than his. Let the defendant take the effects of his motion, unless the plaintiff stipulate and pay costs.(a)
Motion granted, nisi.
Lewis, Ch. J. absent.
See M'Vieker v. Alden, ante, 58 ; Weed v. Ellis, ante, 115 ; Jackson v. Valentine, 3 Caines’ Rep. 128; Hawk v. Taylor, 10 Wen: 592.