Bayard’s Notebook, 130
Court of Common Pleas of Delaware, Kent County.
December, 1795.
After the plaintiff had gone through his evidence the defendant moved for a nonsuit. The plaintiff’s counsel, discovering that there was no replication and the cause therefore not at issue, moved to discharge the jury, which was done upon citing Str. 1117 and the State v. Ferris in New Castle Supreme Court where the same thing had been done.
Ridgely for plaintiff. Miller and Bayard for defendant.