
    Sergeants vs. Baker.
    Plaintiff not bound to notice cause for trial after stipulation, where defendant omitted to plead, so that a return to the certiorari, bringing the cause from the common pleas, could be filed in season for the circuit.
    
      Defendant moves for judgment as in case of non-suit, upon the usual affidavit after a stipulation by plaintiff.—Plaintiff states that the defendant brought a writ of certiorari and removed this cause from the common pleas, where it was originally commenced; that before and at the time the circuit was held for which he had stipulated to try said cause, he ascertained that no return had been made by the clerk of the county to said writ, in consequence of a plea not having been filed by defendant, which was the reason plaintiff did not notice and try said cause, in pursuance of said stipulation.
    S. Crippen, Lefts Mty. Elijah Brown, Plffs Mty.
    
   Motion denied, without costs.  