Clements v. Benjamin
New York Supreme Court
IN ERROR* on certiorari to a justice’s court. The certiorari, in this case, was brought to reverse a judgment of nonsuit. The return did not set forth what, the evidence before the justice was; but- merely that- after the plaintiff had closed the testimony on his part, and before the defendants had entered upon their defence, the plaintiff was nonsuited.
1Opinion of the Court
tj * * ; ' Per Curiam.
• • e There can be tio doubt, but that it is within •• • the province of a justice fco nonsuit a-plaintiff, when, in his nion, the testimony offered does not support the action, And if, upon the return to ,a certiorari, the evidence offered would, in the opinion of this court, have supported the action, or was proper, for the consideration of the jury, the judgment of non-suit will' be. reversed. , But the .evidence not being returned • ° m this case, we cannot say how* far it .supported the action. If . ■ 1 the return was imperfect, it was the duty of the plaintiff in…
2Cited by5 opinions
- The People v. . CookNew York Court of Appeals · 1853
- In re the Estate of MezgerNew York Surrogate's Court · 1935
- Blumburg v. BriggsSuperior Court of Buffalo · 1887
- Mason v. LewisSupreme Court of Iowa · 1848
- Peters v. DiossyNew York Court of Common Pleas · 1854