
    
      George Codwise and others v. John Hacker.
    
    THE defendant in this cause, without any previous rule for trying it by proviso, gave a simple notice that he should bring it on, but inserted a proviso clause in the venire. Under these circumstances he obtained a nonsuit at the last .term, to set aside which, application was now made on behalf of the plaintiff, who did not notice for trial ; the court, however, refused the motion in consequence of the proviso clause being inserted in the venue, but at the same time made the following general rule.
   Ordered, that hereafter the defendant shall not try a cause by proviso, without a previous rule for that purpose, to be granted by the court on the usual notice.  