1778-01-16 (static/transcriptions/1778/01/006.jpg)

1778. 1 Term. Friday] Jan: 16th.

Friday Jan: 16th 1778.
Gyanchun Shaw
v
Mirza Mahommed Cossim Alli Khan.
Mr. Newman. Moved on the part of the Defendant for Judgment as in case of a Non-Suit for not going on to Trial.
Issue had been join’d Oct. 13th. In the fourth Term 1777 the cause had been put in the Paper for Trial, but the Plaintiff struck it out.
Mr. Tilghman. Produced an affidavit on the Part of the Plaintiff that the reason of his not going on to Trial was the absence of a material Witness.
And that he had given notice of Trial for the Sittings after this Term.
Impey. This reason is sufficient. Therefore take nothing by your Motion: to Mr. Newman. But on the same affidavits a rule was granted to shew cause why the Plaintiff should not pay costs for not going on to Trial.

Monohur Muckergea & al:
v
Tilluckram Puckerassy
[Motion?] for Judgment as in case of Non-Suit
/ for