Jackson, ex dem. Salisbury, against Weed

*Jackson, ex dem. Salisbury, against Weed. If it appear the court would not have tried a cause at the circuit had the plaintiff been ready, judgment as in case of nonsuit will not be granted, and costs will be allowed only for the witnesses, up to the time when the determination rf the circuit judge was made known. Soott moved for judgment as in case of nonsuit for not proceeding to trial in the county of Ulster, according to notice, in tbis and several other causes depending on tbe Catskill patent. It appeared that at tbe, close of tbe circuit, tbe judge gave it to be understood be should try none of those suits, a case having been made, and tbe decision then pending in another cause resting on tbe same title, but this intimation was not given till towards tbe end of tbe circuit, and no attempt was made to bring on tbe causes on tbe first day according to notice. [MAJORITY — Per Curiam.] Per Curiam. Tbis case is to be distinguished Irom tbe preceding, in which tbe plaintiff acknowledges be was ready for trial in all respects but tbe want of bis papers. It was therefore m some degree bis own laches in not procuring them, nor countermanding his notice, and the cause was at issue in another county from that in which tbe above intimation was given. But here, bad tbe parties been willing, tbe court would not have proceeded. Costs, therefore, for tbe attendance of witnesses on tbe first day is all that we shall order. Motion denied. N. B. — The court seemed to incline that if a number of issues depend on tbe same title, and a case is made in one, tbe plaintiffs need not continue to notice for trial, circuit after circuit. If, however, they should do so, though tbe non-decision of the cause in which tbe case was made might excuse judgment as in case of nonsuit for not proceeding to try, pursuant to notice, it would not exonerate frcm costs. •