Leonard v. Fahey

Page, J.(1) Since the decision of Judge of Probate v. Abbot, 13 N. H. 21, the rule has prevailed in this jurisdiction that the plaintiff may become nonsuit as a matter of right before opening to the jury.

In Webster v. Bridgewater, 63 N. H. 296, a petition for a highway, the majority of the petitioners moved for leave to withdraw prior to the beginning of the hearing on the merits before the commissioners. Subject to the exception of the other petitioners, leave was granted, and this court said that “it cannot be fairly held that the rule does not include highway petitions to the court, in…