Anonymous

<p>Court refuse to nonsuit plaintiff for not trying his cause at Circuit, ■when he offered to proceed, but was prevented by the Court, because he did not produce a paper he had promised to do, for the defendant’s use. Costs denied to defendant.</p> <p>A motion was made on the part of the defendant, for judgment of nonsuit, on the ground that the plaintiff did not go to trial at the last Circuit held in Salem; the facts to support which, were, that when the cause was called on in the paper at the Circuit, the plaintiff proffered himself ready for trial; the defendant's counsel, before the jury was sworn, called on the plaintiff to produce a certain instrument of writing, which he alleged to be in the plaintiff’s hands, and which he had promised to produce on the trial, and which the defendant considered material evidence for him in his defence. The plaintiff refused however, to produce the paper; jt was made out in evidence, to the satisfaction of the Chief Justice who held the Circuit, that the plaintiff had frequently promised the defendant that he would produce the paper on the trial; in consequence of which, the Chief Justice would not permit the plaintiff to proceed.</p>