Corder v. Corder

On Rehearing.

SUTTON, Justice.

It seems to this writer the interpretation of the Rule by the majority opens the way for so easy an interruption and destruction of decorum and dignified procedure in the public trial of causes and is so serious in its .nature and results, the writer cannot refrain from adding some further authorities thought to be in support of the interpretation made in the dissent.

The Supreme Court of New Jersey in the case of Wolf Co. v. Fulton Realty Co., 83 N.J.L. 344, 84 A. 1041, had under consideration the plaintiff’s right to non-suit after the trial judge had commenced…