
    Jackson, ex dem. Ludlow, against Meyers.
    Where a new granted* ^and the plaintiff or^the* cause t0 trial> Pursu* ant to notice, judgment of granted'unless he stipulates to a?the next dr
    J. TALLMADGE, for the defendant,
    moved for judgment as in case of nonsuit, for not proceeding to trial at the last circuit in Dutchess, on the usual affidavit.
    
      J. Radcliff, contra,
    said he was ready to stipulate, but supposed that, as the cause had been once tried, and a new trial granted, the plaintiff was not now obliged to stipu- : ° ’ r o 1 late.
   Per Curiam.

It makes no difference whether there has been one trial, or not. In every case where the plaintiff does not bring on the cause pursuant to notice, he must be nonsuited, unless he stipulates to try the cause at the next circuit;, or be nonsuited.  