New York Supreme Court, 1816

Russell v. Barnes

New York Supreme Court · Decided January 15, 1816

13 Johns. 156

Counsel

D. S. JONES, for the defendant,, I. Hamilton., contra,

Opinion of the Court

Per,Curiam.,

|n regard1 to. issues joined in the city and county of New-York, the affidavit, on a motiop,fop a; nohsuit, for not *157proceeding to trial, ought to state that the cause might have been tried in its order on the calendar, or that younger issues Were tried. We cannot, judicially, take notice of the fact.

Motion denied.(a)

See Ross v. Vaughan, 3 Johns. Rep. 442.

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