Williams v. Port

This cause was here on appeal between the same parties at the May term, 1855. The judgment in favor of Williams was reversed and the cause remanded. Port v. Williams, 6 Ind. E. 219.

At the fall term, 1855, of the Fayette Circuit Court, Port filed a motion in writing to dismiss the cause, as in case of a nonsuit. This motion the Court sustained, and the cause was dismissed. The appellant, Williams, filed a bill of exceptions, &c., and now appeals.

The ruling of the . Court below was clearly erroneous. That Court has no power, under any circumstances, to order an involuntary nonsuit, under our…