In practice. The withdrawing by a plaintiff of the nisi prius or trial record filed in a cause, just before the trial is entered upon, for the purpose of preventing the cause from being tried. This may be done before the Jury are sworn, and afterwards, by consent of the defendant’s counsel. 2 Tidd, Pr. 851; 1 Archb. Pr. EL B. 189; 3 Chit. Pr. 870.