Stokeland's case

Decided July 1, 1793

CASE. The plaintiff recovered only small damages, whereupon the defendant prayed that judgment might be entered against himself. The plaintiff prayed that judgment might not be entered, and Beere cited the case of Taylor vs. Somes, where the plaintiff waved his judgment and began de novo.

Decided 1793-07-01

Doderidge, J.

¶1The defendant may, of course, enter a judgment against himself. Take a rule to shew cause to the contrary.

¶2On another day it was asked, whether the postea was brought in, and *it appearing that it was, it was said that if the plaintiff may begin de novo, the defendant may be vexed for ever.

¶3Ruled, That the defendant may enter judgment, or compel the plaintiff to be non-suited. But the non-suit was entered disjunctively, either to pay costs, or to begin de novo.