
    Henry H. Mather vs. Charles Wardwell.
    
      Motion by defendant for judgment, as in case of non-suit.
    G. B. Kellogg, Defts Counsel. Henry Niooll, Defts Atty.
    
    J. Romeyn, Plffs Counsel. Jno. G .Britton, Plffs Atty.
    
   Denied, with costs, without prejudice, on the ground that defendant does not state in his papers that the cause was not tried. He states that the cause was called and passed, and the younger issues were tried, and that this cause might have been tried in its regular order on the calendar.  