
    [†] LONGSTRETH against LITTLE.
    ON CERTIORARI.
    The action below was an action of trover, for two hundred bushels of oats. There was a long string of errors assigned in this cause, but was no other way supported by the -record, than that the defendant below had moved the justice to nonsuit the plaintiff below, for those causes: and the justice refused.
    
      J. Soudder, for plaintiff.
   By the Court.

Merely because a defendant moves for a nonsuit, and is refused, and the reasons alleged [752] for his motion, is no evidence of the existence of the facts. The 'justice may have refused the nonsuit because the facts alleged were not true.

Judgment affirmed.

Cited in Dancer v. Patterson, 5 Halst, 255.  