Anonymous

Court: New York Supreme Court
Date filed: 1826-10-15
Citations: 6 Cow. 388
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Lead Opinion
Curia.

We have often held otherwise. Before you can move for judgment as in case of nonsuit, you must shew by your affidavit affirmatively, that there has been a circuit at which the plaintiff might have tried his cause. Till this is shown, it does not appear that he was in default.

Motion denied.