Cheetham v. Lewis , 3 Cai. Cas. 256 ( 1805 )

Per curiam.

There is no such rule of practice in this court, as that insisted on by the defendant. It is in his power to nonpross the plaintiff if he pleases; if he does not, the plaintiff may declare at any time. The decision, however, in this case, will not apply to a suit removed by ha-beas corpus; for there, as the defendant cannot nonpross, he is not bound to plead.