Patrick v. Hallett ( 1805 )

Per Curiam.

"We have no doubt of the power of the court to nonsuit on a second trial. A plaintiff who has once tried *his cause, after which the ver-diet is set aside and a new trial awarded, is bound to try again, and again, if necessary; and if he did not, the defendant may apply for a nonsuit. But the English practice has misled, and our own has not been perfectly settled, the plaintiff may stipulate and without costs.

Motion denied on stipulating and costs.