
    Hawk vs. Taylor.
    ALBANY,
    Nov. 1833.
    Where a motion is made for judgment as in case of nonsuit, and the plaintiff shows that no cause of as young an issue was tried at the circuit, the motion will be denied.
    S. M. Woodruff moved for judgment as in case of non-suit. J. Edwards read an affidavit that no cause of as young an issue as this was tried at the circuit.
   Whereupon the motion was denied, and the costs of the motion ordered to abide the event of the cause.  