10 Wend. 599
Decided December 15, 1833
New York Supreme Court · decided 1833-12-15
A motion for judgment as in case of nonsuit was resisted on the ground that at the last circuit, when the cause was noticed for trial, the parties settled the suit. The counsel for the defendant asked that the motion might be continued over until the next special term, to give the defendant the opportunity to explain or controvert the answer of the plaintiff to the motion now made.
Cited by 2 later decisions — most recently January 1869
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1833-12-15
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¶1By the Court,
¶2The affidavit of the plaintiff, alleging the suit to be settled, is a perfect answer to the motion* and it therefore must be denied. If the affidavit be untrue, or if the transaction upon which the allegation of the plaintiff be founded can be explained, so as to show that no settlement did in fact take place, the defendant may apply to the court upon a notice to vacate the rule denying his motion, but the motion now made cannot be continued over to another term.