Patrick v. Hallett , 2 Cai. Cas. 378 ( 1805 )

Per curiam.

We have no doubt of the power of the court to nonfuit on a fecond trial. A plaintiff who has once tried his caufe, after which the verdiit is fet afide and a new ALBANY, awarded, is bound to try again, and again, if neceffary, and if he do not, the defendant may apply for a nonfuit. But as the Engliih practice has milled, and our own has-not " been perfeilly fettled, the plaintiff may ilipulate and cofts.