
    
      Jackson, ex dem. Cobley, v. Valentine.
    
    WHERE on the last day but one of a circuit, there appear so many old causes to be tried, that the judge himself is of opinion that a young issue could not be brought on, and, from this conviction, so many of the suitors go home, that an unexpected opportunity offers of trying a cause, the plaintiff in which had with his witnesses, left the circuit, the court said, he was not in default, and, on a motion for judgment as in,case of nonsuit, not only refused the application, but excused from costs and stipulation.
     