Jackson, on the demise of Williams and others against Chamberlin and others

Jackson, on the demise of Williams and others against Chamberlin and others. When a plaintiff resists a motion as in case of nonsuit for not going to trial, if he insists on his having been unable to try his cause, and others have been heard, he must show that they were older issues. Bhssel moved for judgment as in case of nonsuit, for not proceeding to trial. The affidavit stated, that issue was joined previous to June, 1802. Van Vetchen read an affidavit, setting forth that thirty-five cases were on the calendar, of which only thirteen were tried, but from the length of those, and the criminal business before the. court, the present action could not be heard. [MAJORITY — Per Curiam.] Per Curiam. As many causes were tried, it is incumbent on the plaintiff to show that those issues were older than his. Let the defendant take the effects of his motion, unless the plaintiff stipulate and pay costs. Motion granted, nisi. Lewis, Ch. J. absent. See M'Vieker v. Alden, ante, 58 ; Weed v. Ellis, ante, 115 ; Jackson v. Valentine, 3 Caines’ Rep. 128; Hawk v. Taylor, 10 Wen: 592.