
    Russell against Barnes.
    
    pn a motion for judgment, as In ‘pase of nonsuit, for not bringing to trial an issue joined in the ci'ty of ffeiy-Ypris? theaffidavitmust state that the pause couidhavgs toeen tried, in its peder on the calendar, or that yaungpr issues
    
      D. S. JONES, for the defendant,
    moyed for judgment,, as iq case of nonsuit, in this cause, for not bringing on the cause to •trial at fhe last sittings in the city of'#é?«-Fpr¿,'andTead p-n affidavit,. . ' -
    
      I. Hamilton., contra,
    objected;, that the affidavit didjgot state, that the cause could have been tried in its order, or that younger issues had beep, tried, . - . • , ■•
   Per,Curiam.,

|n regard1 to. issues joined in the city and county of New-York, the affidavit, on a motiop,fop a; nohsuit, for not proceeding to trial, ought to state that the cause might have been tried in its order on the calendar, or that younger issues Were tried. We cannot, judicially, take notice of the fact.

Motion denied. 
      
       See Ross v. Vaughan, 3 Johns. Rep. 442.
     