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Mumford v. Columbian Insurance

2 Cai. 251 Court N.Y. Sup. Ct. English

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Majority

p. 251
Mumford and Mumford against The Columbian Insurance Company.

Headnote

Motion for judgment as in case of nonsuit must bp in the next term after the neglect.

It was ruled, that judgment as in case of nonsuit for not proceeding to trial, must be moved for -the next term after tbe laches, and the practice, according to the case of Brandi v. Buclchout, vol. 1, p. 113, was now confirmed.

N. B. — Sanford (United States Attorney) mentioned, that by the words of the act it might be moved for “ at any time.” But the court paid no attention to the remark.