3 N.C. 385
Sup. Ct. N.C.
1806
Per curiam.

I will not proceed till you satisfy me that an action at law is the proper remedy to be pursued — I think it is not. The plaintiff’s counsel cited, but did not produce, 1 East’s Re* ports, 220; and the Judge said he would have the plaintiff called, and would set aside the nonsuit, if the plaifttiff’s counsel would convince him that it was wrong.

The plaintiff was nonsuited; but the Reporter having left the court before the end of the term, cannot say whe-the nonsuit was set aside or not.

Vide 2 Bos. & Pull. 268, 274, which supports the position, that the suit may be at law.