
    Currie against Moore.
    In the city of ifeix-Tork, ade. fondant is not entitled to judgment as in case of nonsuit, for not proceeding.totrial, if it appear that the cause could not have been triedin its order oh the calendar, had it been noticed for trial.
    ■ IN behalf of the- defendant,- a motion was made for judgment as in case of nonsuit, for not bringing this cause to trial at the last sittings, in Nezv~York.
    
    
      ' For the plaintiff, an affidavit was read that issue was joined in March last, and that if the cause had been noticed for trial, it could not have been tried, as older issues-on the calendar of the sittings, were not called on in their turn, or tried.
   Per Curiam.

The excuse is reasonable and sufficient» The plaintiff omitted to give notice of trial at his peril j but' the event shows that the notice would have been of no use, and have created only an unnecessary expense and: trouble.- The motion must be denied ; this must be understood, however, as applicable only to trials in the Citif of New-Tork, and with a view to the known course of business at the sittings and circuits in that place.

Rule refused»  