¶1The defendant is end-tied to his rule, unless the plaintiff stipulates to try at the nex* circuif> and pays the costs. The proper course, where there are several causes at issue in which the question is the same, and which depend upon the same evidence, is to apply to the court for a rule that one of the causes be tried, and that the others abide the event. By doing so, the plaintiff will prevent applications for judgment as in case of non-suit in the causes not tried. The plaintiff here having omitted to stipulate that this cause should abide the event of that tried, the defendant must have judgment as in case of non-suit, unless the plaintiff now stipulate that this cause shall abide the event of the cause which has been tried.
2 Wend. 284
Brant v. Fowler
Decided May 15, 1829
New York Supreme Court · decided 1829-05-15
There were two causes noticed for trial at the Westchester circuit against &e defendant, in which the questions were the same, and the evidence the same. The circuit judge refused to try both. The plaintiff elected to try one of the causes, hut omitted to a stipulation that the cause remaining untried should abide the event of that tried. The defendant obtained a verdiet, and jjhe plaintiff made a case.
Cited by 1 later decisions — most recently August 1803
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1829-05-15
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