It was. objected that the notice of motion should have been for judgment of non pros. ; that defendant could not move for it under his notice for judgment, as in case of nonsuit.
Jewett, Justice.Held, that the plaintiff was not misled •
by the notice, it was evident from the papers themselves what the notice should have been; it was not such an irregularity but what the defendant might move for judgment of nonpros. Motion for judgment of non pros, granted.