Criminal Law · MBE-tested
Jackson, on the demise of Williams and others, v. Chamberlin and others
1 Cole. & Cai. Cas. 221·New York Supreme Court·1803·NY
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Opinion
Jackson, on the demise of Williams and others, v. Chamberlin and others.
RUSSEL moved for judgment, as in case of non-suit, for not proceeding to trial. The affidavit stated, that issue was joined previous to June, 1802.
Van Vechten
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.