Judge of Probate v. Abbot
Superior Court of New Hampshire
Debt upon a bond. The pleadings resulted in an issue to the jury, which was tried, and a verdict rendered for the defendant. After the verdict, the plaintiff moved for leave to become nonsuit, on the ground that the testimony of one of the witnesses, examined on the part of the defence, was entirely unexpected. The plaintiff may become nonsuit at his pleasure at any time before the cause is opened to the jury.
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Debt upon a bond. The pleadings resulted in an issue to the jury, which was tried, and a verdict rendered for the defendant. After the verdict, the plaintiff moved for leave to become nonsuit, on the ground that the testimony of one of the witnesses, examined on the part of the defence, was entirely unexpected. The plaintiff may become nonsuit at his pleasure at any time before the cause is opened to the jury. After that, either party may insist on a verdict, unless the court in their discretion allow a nonsuit, which they may do upon good cause shown, when it cannot be claimed as a right. 12…
1Opinion of the CourtParker, C. J.
At any time before the plaintiff opens his case to the jury, he may become nonsuit, as a matter of right. The entry- of his action does not oblige him to proceed with it. Even if issue be joined, this does not entitle the defendant to a verdict, if the plaintiff elect to abandon his action. 12 Mass. R. 48, Haskell vs. Whitney.
After the plaintiff has proceeded to open his case to the jury, he can- no longer become nonsuit, as a matter of right. *22The court may require that the case shall proceed; and, if the plaintiff do not put in his evidence, may direct the jury to return a verdict against…
2Cases cited4 opinions
- Haskell v. WhitneyMassachusetts Supreme Judicial Court · 1815
- Locke v. WoodMassachusetts Supreme Judicial Court · 1820
- Wooster v. BurrNew York Supreme Court · 1829
- People v. Mayor's CourtNew York Supreme Court · 1828
3Cited by1 opinion
- Total Service, Inc. v. Promotional Printers, Inc.Supreme Court of New Hampshire · 1987