Majority
p. 400Kent against M'Donald. read an affidavit, stating, that the plaintiff resided in the province of Maine, and he did not know by whom he could prove his demand ; that the defendant was insolvent, and unable to pay even the costs of suit.
Headnote
plaintiff6 after obtaining an Interlocutory judgment, neceede<furtfer, two "terms/*" ed," m motion ant**1 thatfe"hé plaintiff execute his writ of a"y"iryor" be nonprossed,N. Williams, for the defendant,
moved for judgment as in case of nonsuit. It appeared that an interlocutory ju d g m ent had been entered, for want of a plea, m August, 1817, since which the plaintiff had not proceeded to have his damages assessed, nor taken any steps in the cause. The defendant had been surrendered by his bail, and had been in custody for more than two terms.
Marcy, contra,
Take your rule, that the plaintiff proceed to execute his writ of inquiry of damages in thirty days, or that he be non grossed.
Motion granted.
EJXD OF AUGUST TERM.
p. 401
CASES ARGUED AND DETERMINED IN THE SUPREME COURT OF JUDICATURE OF THE STATE OF NEW-YORK, IN OCTOBER TERM, 1818, IN THE FORTY-THIRD YEAR OF OUR INDEPENDENCE.