Where a party stipulates to try a cause at the next circuit, and there be not sufficient time regularly to notice the cause for trial at the circuit immediately succeeding, the stipulation will be considered as applying to the second circuit.
Motion for judgment as in case of nonsuit after stipulation. It appeared that there was not sufficient time after the stipulation, regularly to notice the cause for trial at the circuit immediately thereafter.
*102 By the Court,
Under the circumstances of this case, the plaintiff ought not to be nonsuited for not trying his cause ; the stipulation must be considered as applying to the next circuit for which notice of trial could regularly be given.
Motion denied.
5 Wend. 101
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