The motion to discontinue without costs must he granted. The case comes within the principle of Morse v *15M'Coy, (4 Cowen, 551.) The motion for judgment as in case of nonsuit is denied, without costs.
Rule accordingly.
The motion to discontinue without costs must he granted. The case comes within the principle of Morse v *15M'Coy, (4 Cowen, 551.) The motion for judgment as in case of nonsuit is denied, without costs.
Rule accordingly.