Derick v. Taylor
Massachusetts Supreme Judicial Court
Contract, brought in the Municipal Court of the city of Boston. The judge having found for the defendant, judgment was entered in his favor, and the plaintiff appealed to the Superior Court to be held on the first Monday of July, 1896. On October 14, 1896, in the Superior Court, the following discontinuance was filed by the plaintiff: “ The plaintiff discontinues the above entitled action.”
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Contract, brought in the Municipal Court of the city of Boston. The judge having found for the defendant, judgment was entered in his favor, and the plaintiff appealed to the Superior Court to be held on the first Monday of July, 1896. On October 14, 1896, in the Superior Court, the following discontinuance was filed by the plaintiff: “ The plaintiff discontinues the above entitled action.” On October 16, 1896, the following prayer was entered by the defendant: “ Now comes the defendant and complains that this action was originally brought in the Municipal Court of the city of Boston, and…
1Opinion of the CourtMorton, J.
At common law the plaintiff could discontinue or become nonsuit as of right at any time before verdict, if not at any time before judgment. Washburn v. Allen, 77 Maine, 344. Judge of Probate v. Abbot, 13 N. H. 21. Benton v. Bellows, 61 N. H. 107. Wooster v. Burr, 2 Wend. 295. Merchants' Bank v. Schulenberg, 54 Mich. 49, 54. Keat v. Barker, 5 Mod. 208. Outhwaite v. Hudson, 7 Exch. 380. Co. Lit. 139 a. Bac. Abr. Nonsuit (D). 16 Am. & Eng. Encyc. of Law, 723.
This resulted, in part at least, from the fact that anciently, unless the plaintiff continued the process regularly from day to day or from…
2Cases cited9 opinions
- Gardner v. Michigan Central RailroadSupreme Court of the United States · 1893
- Haskell v. WhitneyMassachusetts Supreme Judicial Court · 1815
- Kempton v. BurgessMassachusetts Supreme Judicial Court · 1883
- Wooster v. BurrNew York Supreme Court · 1829
- Merchants' Bank v. SchulenbergMichigan Supreme Court · 1884
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