Majority
p. 62Peter J. Borst et al. vs. Philip V. Bovee.
Headnote
Motion by Defendant for judgment as in case of nonsuit.—This is an action of replevin; two circuits have passed, and the plaintiff has not noticed the cause at either. The defendant’s papers do not show that the cause was not tried.N. Hill, Jr., Defts Counsel. D. P. Corey, Defts Atty.
P. Potter, Plffs Counsel. P. Potter, Plffs Atty.
It is not necessary to state that the cause was not tried, where it is shown that it was not noticed for trial.
Decision.—Motion granted, unless plaintiffs stipulate and pay costs of this motion.