
    Smith ads. Grover.
    When a wit-out of the Tray ^ottonfor judgment as in case of nonsuit will be denied with costs.
    Motion for judgment as in case of nonsuit for not proceeding to trial. It was opposed on the ground that the witness of the plaintiff was kept concealed by the procurement of the defendant, so that he could not be subpoenaed,
   rm , , 1 lie motion was denied with costs.  