Howe v. Harroun
Illinois Supreme Court
This was an action of assumpsit brought to the Kane Circuit Court and tried before I. G. Wilson, Judge, at February term, 1855. The court found for the defendant on the issues joined.
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This was an action of assumpsit brought to the Kane Circuit Court and tried before I. G. Wilson, Judge, at February term, 1855. The court found for the defendant on the issues joined. Afterwards, on the 4th day of June, A. D. 1855, the same being one of the days of the May term of said court, the plaintiffs came by their counsel, and on their motion it is ordered by the court that the records of last term be amended nunc' pro tunc, so as to show that after the finding of the court had been announced, but before the judgment had been entered upon the docket, the plaintiffs asked leave to…
1Opinion of the Court
Catón, J.
Unlike the common law our statute authorizes the parties, by mutual consent, to submit issues of fact to the court for trial in place of a jury; but this statute prescribes no time within which the plaintiff shall submit to a nonsuit, or be deprived of his right to do so. By the common law the plaintiff could take a nonsuit at any time before the verdict of the jury was announced to the court. And we have a statute which further restricts the right requiring the plaintiff to take a non-suit before the jury leaves the bar to deliberate upon their verdict. But in the case before us…
2Cited by18 opinions
- Thrasher v. BallardWest Virginia Supreme Court · 1889
- Daube v. KuppenheimerIllinois Supreme Court · 1916
- Brown v. LawlerAppellate Court of Illinois · 1906
- Prindiville v. LeonAppellate Court of Illinois · 1882
- Shabad v. HanchettAppellate Court of Illinois · 1891
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