Cheetham v. Lewis , 1 Cole. & Cai. Cas. 498 ( 1805 )

Per Curiam.

There is no such rule of practice in this court as thát insisted on by the defendant. It is in his power to nonpros 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 habeas corpus ; for there, as the defendant cannot nonpros, he is not bound to plead.