
    
      Nicholas Bradt v. Bethuel Way and Hannah his Wife.
    
    VAN ANTWERP moved for judgment as in case of nonsuit, for not proceeding to trial according to notice.
    
      Van Yeveren
    
    read an affidavit stating, that previous to the circuit, arbitration bonds had been entered into by the parties in the suit, and an award made.
   Per Curiam.

Let the defendant take nothing by Ms motion, and pay the costs of resisting this application.

N. B. It seems that wherever the affidavits contra, disclosed circumstances that clearly show the application noticed will be ineffectual, costs for resisting will follow the denial.  