2 How. Pr. 159
Decided June 15, 1846
New York Supreme Court · decided 1846-06-15
Motion by defendant for judgment as in case of nonsuit. Defendant’s notice of motion stated that he moved for judgment as in case of nonsuit in this cause, by reason of the plaintiffs having failed to fie security for costs, according to the statute, &c. Defendant’s papers showed that an absolute order to file security for costs had been granted, which plaintiff had not complied with.
Decided 1846-06-15
¶1It was. objected that the notice of motion should have been for judgment of non pros. ; that defendant could not move for it under his notice for judgment, as in case of nonsuit.
¶2Held, that the plaintiff was not misled •
¶3by the notice, it was evident from the papers themselves what the notice should have been; it was not such an irregularity but what the defendant might move for judgment of nonpros. Motion for judgment of non pros, granted.