
    Keys against Beardsley.
    If a plaintiff after giving notice of trial countermands it he must pay to the defendant the costs incurred by him between the time receiving the nocountermand!
    
      LOIJCKS, for the defendant,
    moved for judgment as in ease of nonsuit, for not proceeding to trial, &c. It appeared that the plaintiff) after giving notice of trial at the last circuit, countermanded the notice.
    
      Talcot, for the plaintiff)
    offered to stipulate; and the question was, whether the defendant was not entitled to costs, for preparing for trial, after the notice and before the countermand. He cited Jackson v. Mann, 1 Caines Rep. 123.
   Per Curiam.

The plaintiff may stipulate; but he must pay to the defendant his costs, if any have arisen between the time of receiving the notice of trial and the countermand.  