Bynum v. . Powe
Supreme Court of North Carolina
Civil ACTION, pending in BuNCOMBE Superior Court, on appeal by defendant from judgment of nonsuit rendered by Montgomery, Judge, at Chambers, in McDowell county, on 15th day of October, 1886. The purpose of this action was to obtain relief by injunction. On the 25th of June, 1886, a Judge declined to grant a restraining order applied for.
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Civil ACTION, pending in BuNCOMBE Superior Court, on appeal by defendant from judgment of nonsuit rendered by Montgomery, Judge, at Chambers, in McDowell county, on 15th day of October, 1886. The purpose of this action was to obtain relief by injunction. On the 25th of June, 1886, a Judge declined to grant a restraining order applied for. Afterwards, upon a like application, another Judge granted a restraining order and a rule upon the defendants to show cause in term time why an injunction should not be granted pending the action, and until the hearing upon the merits. Subsequently, at…
1Opinion of the Court
Merrimon, J.,
(after stating the facts). Strictly, a plaintiff cannot be said to “ take a nonsuit ” regularly in the course of an action, after the jury are sworn, if he finds that he cannot succeed because there is a defect in the evidence, or it is insufficient to warrant a verdict in his favor, or there is other like cause why he cannot; in that case he fails to appear, and allows himself to be “called”; he does not answer. The jury render no verdict, but are discharged, and there is judgment of nonsuit against the plaintiff, and he is said to be “ nonsuited ” — -properly, he voluntarily…
2Cases cited11 opinions
- Henry J. Heryey & Co. v. EdmundsSupreme Court of North Carolina · 1873
- McKesson v. . MendenhallSupreme Court of North Carolina · 1870
- Molyneux v. HueySupreme Court of North Carolina · 1879
- Coates Bros. v. WilkesSupreme Court of North Carolina · 1886
- Shackelford v. . MillerSupreme Court of North Carolina · 1884
6 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- State v. . HumphreySupreme Court of North Carolina · 1923
- Cox v. CoxSupreme Court of North Carolina · 1957
- Skinner v. . TerrySupreme Court of North Carolina · 1890
- Edmundson v. EdmundsonSupreme Court of North Carolina · 1942
- State v. . StewartSupreme Court of North Carolina · 1925
39 more not listed; retrieve them via the Exa API.