Brandt ex dem' M'Cleland v. Burrows , 1 Cole. & Cai. Cas. 483 ( 1805 )

Per curiam.

The defendant knew you were entitled to stipulate, he therefore comes prepared, if you do that, to make his other motion. If you elect to have judgment of nonsuit against you, it is in your power. If not, you must stipulate, and then the motion for the commission will be granted.