
    
      John Patrick v. Hallett and Bowne.
    
    MOTION for judgment as in case of nonsuit, for not going to trial.
    
      Riggs resisted,
    because the cause had been once tried, and out act, being like that of the English, . ii*i* required the same construction, under which it was held a plaintiff could not be nonsuited for not trying a second time. If we are wrong we are ready tq stipulate.
    
      
       1 Rev. Law, 353.
    
   Per Curiam.

We have no doubt of the power of the court to nonsuit on a second trial. A plaintiff who has once tried his cause, after which the verdict is set aside and a new trial awarded, is bound to try again, and again, if necessary, and if he do not, the defendant may apply for a nonsuit. But as the English practice has misled, and our own has not been perfectly settled, the plaintiff ma}r stipulate and with» out costs.  