
    
      Casparus Bain v. David Thomas and James Green.
    
    RUSSEL moved for judgment as in case of non-suit.
    
      Blanchard
    
    resisted the application on an affidavit stating a conversation, which he considered as an agreement to waive the irregularity.
    
      Russel
    
    wished not to rely on the rule respecting written agreements, could the conversation be substantiated.
   Per Curiam.

The court cannot take notice of agreements between attornies, unless reduced to writing. If it is intended to waive the rule on this "subject, the motion must be withdrawn; otherwise judgment of nonsuit must be entered, unless the plaintiff stipulate and pay costs.  