¶1|n regard1 to. issues joined in the city and county of New-York, the affidavit, on a motiop,fop a; nohsuit, for not *157proceeding to trial, ought to state that the cause might have been tried in its order on the calendar, or that younger issues Were tried. We cannot, judicially, take notice of the fact.
¶2Motion denied.
¶3 See Ross v. Vaughan, 3 Johns. Rep. 442.