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Curia. We have often held otherwise. Before you can move for judgment as in case of nonsuit, you must shew by your affidavit affirmatively, that there has been a circuit at which the plaintiff might have tried his cause. Till this is shown, it does not appear that he was in default.
Motion denied.
Document Info
Citation Numbers: 6 Cow. 388
Filed Date: 10/15/1826
Precedential Status: Precedential
Modified Date: 11/3/2024