Anon
New York Supreme Court
Judgment as in case of nonsuit. The defendant moved for judgment as in case of nonsuit, for the neglect of the pontiff to bring his cause to trial. The plaintiff objected that the motion was too late, this being the second special term since the circuit, and no excuse being offered for the delay in making the motion.
1Opinion of the Court
*462The motion was however granted and Mr. Justice Sutherland, in announcing the decision, observed, that the judges on consultation had concluded to adopt, as a rule of decision in these cases, that laches should not be imputable to a defendant, if his motion for judgment as in case of nonsuit was made at any time previous to the next general term after the circuit at which the cause might have been tried, or for which it ought to have been noticed ; and that after a general term had intervened, such applications would not be heard, unless the delay was satisfactorily accounted for.
2Cited by1 opinion
- Champion v. WebsterNew York Supreme Court · 1860