Excerpt from Reports of Cases Argued and Determined in the Supreme Court, at Special Term, Vol. 2: With the Points of Practice Decided From Dec; Term, 1845, to Sept; Term, 1846 It is not necessary to be stated in an affidavit on a motion, the name of the judge of the circuit, at which a cause is referred. The new rule 44, after it took effect on the lst of August last, must govern in the mat ter of practice, on motion for judgment as in case of non-suit, for not noticing cause for hearing. Although the cause was referred ...
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Excerpt from Reports of Cases Argued and Determined in the Supreme Court, at Special Term, Vol. 2: With the Points of Practice Decided From Dec; Term, 1845, to Sept; Term, 1846 It is not necessary to be stated in an affidavit on a motion, the name of the judge of the circuit, at which a cause is referred. The new rule 44, after it took effect on the lst of August last, must govern in the mat ter of practice, on motion for judgment as in case of non-suit, for not noticing cause for hearing. Although the cause was referred previous to the lst of August last. Af ter the new rules took effect, there was no other for the court. Motion by Defendant for judgment as in case of non-suit. - This cause was referred at a Circuit in May last, to a sole referee, on motion of Plaintiff. In September last, the Plaintiff not having noticed it for hear ing, the Defendant's attorney served Plaintiff's attorney with a notice in writing, that Plaintiff notice the cause for a hearing in forty days, or that Defendant would move for judgment as in case of non-suit, according to the 44th (new) rule. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at ... This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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