Chandler v. Bicknell
5 Cow. 30 | N.Y. Sup. Ct. | 1825
We do not see why this case should not stand on the same footing, as if the cause had gone off at the circuit, for want of sufficient testimony on the part of the plaintiff, without a jury being sworn. We might refuse to nonsuit the plaintiff, or excuse from stipulating; hut not from costs. There must be the usual rule nisi.
Motion granted.
