Hart v. Hildreth — 2 Cow. 511

Majority

p. 511

Hart against Hildreth and others.

Headnote

Whero the circuit judge suspended the trial of a cause, on the suggestion of the plaintiff’s counsel that it would be a long cause, and the business afterwards took such a course that the cause could not be tried at that circuit, a motion for judgment, as in case of nonsuit, was denied without costs.

P. S. Parker, moved for judgment as in case of non: suit, for not proceeding to trial at the last Ontario Circuit,

p. 512

which commenced on-'the. 20th January last, and- continued till 'Saturday thereafter.

V. Matthews, contra.

On 'tne' part of the plaintiff, an affidavit was read, ’showing that the cause was called on Wednesday evening, but the Judge, on the suggestion of the plaintiff’s counsel, that it would be a long canse, declined trying it at that time, declaring thatdt should not lose1 its preference, and proceeded to take up some other- causes which had been reserved, and criminal business, which occupied the Court nearly the whole of the next day, when -the Judge’s attention being again called to this cause,’he- declined trying it'that week, remarking Jthát he expected Judge Rochester to close the business of the Circuit-during‘¡the -next week, and he set down the cause for "Monday. ■ On Friday evening the Judge stated that he -had received a letter dram Judge Rochester, that he was in ill health, and could not átténd the next week; and on-being again applied-to, he declared that'he áhould not try" the cause ; and the plaintiff had no opportunity to try it "during" the Circuit:

"And for these reasons 'The - Count • denied the motion, without costs.

-Motion "denied.