Zittle v. Schlesinger
Nebraska Supreme Court
Error from the district court of Douglas county. Tried below before Davis, J. The opinion contains a statement of the case. After the introduction of the evidence by plaintiff, the court has no authority to dismiss the case and discharge the jury without a verdict. (Dolby v. Tingley, 9 Neb., 417; Smith v. Sioux.
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Error from the district court of Douglas county. Tried below before Davis, J. The opinion contains a statement of the case. After the introduction of the evidence by plaintiff, the court has no authority to dismiss the case and discharge the jury without a verdict. (Dolby v. Tingley, 9 Neb., 417; Smith v. Sioux. City & P. R. Co., 15 Neb., 583; Chicago, B. & Q. R. Co. v. Richardson, 28 Neb., 118; Byrd v. Blessing, 110. St., 362.) Plaintiff cannot be nonsuited after testimony has been introduced by defendant. (Lyon v. Sibley, 32 Me., 576; Emerson v. Joy, 34 Me., 347 ; Pose v. Learned, 14 Mass.,…
1Opinion of the Court
Irvine, C.
This was an action by the plaintiff in error against the defendant in error to recover commissions which the plaintiff claimed he had earned as a real estate broker. When the plaintiff rested, the defendant moved for a nonsuit. This *846motion was sustained by the court, and a judgment of dismissal entered, against the plaintiff’s exception, without taking a verdict from the jury.' It is contended that under our code this was improper practice, and we shall examine that question before inquiring into the merits of the case.
It is broadly contended that the court has no power to subject…
2Cases cited4 opinions
- Doe on the Demise of Elmore v. GrymesSupreme Court of the United States · 1828
- Gallagher v. GiddingsNebraska Supreme Court · 1891
- Case v. HannahsSupreme Court of Kansas · 1864
- Union Pacific Railway v. DonnellanWyoming Supreme Court · 1882
3Cited by8 opinions
- Akins v. ChamberlainNebraska Supreme Court · 1957
- Temple v. Cotton Transfer Co.Nebraska Supreme Court · 1934
- Elliott v. Carter White-Lead Co.Nebraska Supreme Court · 1898
- Northwestern State Bank v. HanksNebraska Supreme Court · 1932
- Thompson v. Missouri Pacific Railway Co.Nebraska Supreme Court · 1897
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