
    Jackson ex dem’ Cobley against Valentine.
    ALBANY,
    August, 1805.
    Neither judgment as in case of nonsuit, nor costs, nor stipulation, where, from all antecedent causes believing they could not come on, a young issue got an unexpected chance of trial.
   WHERE on the last day but one of a circuit, there appear so many old causes to be tried, that the judge himself is of opinion it seemed impossible a young issue could be brought on, and, from this conviction, so many of the suitors go home that an unexpected opportunity otters ox trying a cause, the plaintiff in which, had, with his witnesses, left the circuit, the court said, he was not in default, and, on a motion for judgment as in case of nonsuit, not only refused the application, but excused from costs and stipulation.

To gain a priority on a motion for judgment upon a frivolous demurrer, the notice must state the frivolousness as the ground of application.  