Corning Tunnel Co. v. Pell

This motion rests upon the single proposition that no appeal lies from a judgment of nonsuit.

At common law a judgment of nonsuit was not reviewable for the obvious reason that it was founded on the assent of the plaintiff. An involuntary nonsuit was unknown to the common law. Under our practice, the right of court to non-suit a plaintiff, where the evidence produced is not sufficient to sustain a verdict, is expressly declared by statute. 9 Sess. Laws, p. 99.

A judgment of nonsuit rendered by the court in the exercise of this power is, as to the defendant, in invitum; is a complete disposition…