Majority
p. 140Brandt ex dem’ M‘Cleland, against Burrows.
Headnote
A notice for judgment as in case of nonsuit, is not waived by a notice for a commission.SCOTT insisted, that the notice of motion for judgment, as in case of nonsuit, was waived by giving subsequent notice of an application for a commission.
The defendant knew you were entitled to stipulate, he therefore comes prepared, if you do that, to make his other motion. If you elect to have judgment of nonsuit against you, it is in your power. If not, you must stipulate, and then the motion for the commission will be granted.