Fort v. Collins
21 Wend. 109
N.Y. Sup. Ct.
1839
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In this case, a motion was made on the part of the plaintiff to set aside a nonsuit granted at the circuit. The motion was made on various grounds, and among others, for that the nonsuit was ordered by the judge after evidence had been given on both sides, The Court said that the modern practice sanctioned the course which had been pursued at the circuit, and therefore they refused to set aside the nonsuit.