¶1The motion to discontinue without costs must he granted. The case comes within the principle of Morse v *15M'Coy, (4 Cowen, 551.) The motion for judgment as in case of nonsuit is denied, without costs.
¶2Rule accordingly.
5 Cow. 14
Decided October 15, 1825
New York Supreme Court · decided 1825-10-15
J. Pierson moved for judgment as in case of nonsuit, for not proceeding to trial, pursuant to notice, at the last Rensselaer Circuit. The plaintiff had stipulated to try at that Circuit.
Good law ✅— No negative treatment on recordhow we know
Decided 1825-10-15
Cited by 3 later decisions — most recently June 1906
3 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.