
    E. Weed, by N. Weed, his Guardian, against Ellis.
    
    A younger issue tried, no proof that an older might have been heard.
   The Court ruled that a younger issue being tried, is not always conclusive that a cause might have been brought on. At a circuit the judge will sometimes . take up a cause he may think short, when he will not enter into a long one.

Radcliff and Livingston, Justices, absent. 
      
       S. P. Jackson v. Valentine, 3 Caines’ Rep. 128. See Jackson v. Chamberlin, post, 171.
     