Imley v. Beard
California Supreme Court
Appeal from the District Court of the Third Judicial District, County of Alameda. On the trial of this cause, the Court Tbelow excluded an important witness for plaintiff on the objection of defendant to his competency. The plaintiff then moved the Court to discharge the jury, which the Court refused.
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Appeal from the District Court of the Third Judicial District, County of Alameda. On the trial of this cause, the Court Tbelow excluded an important witness for plaintiff on the objection of defendant to his competency. The plaintiff then moved the Court to discharge the jury, which the Court refused. The plaintiff then moved the Court for leave to suffer a non-suit, which was granted, and the jury discharged; whereupon the plaintiff moved the Court for a new trial, which was denied, and plaintiff appealed.
1Opinion of the Court
The opinion of the Court was delivered by Mr. Justice Terry.
Mr. Justice Heydenfeldt concurred.
The judgment of non-suit having been entered on motion of the plaintiff, an appeal does not lie in his favor. See 5 Blackford, 168; 6 ib., 55; 4 Wheat., 73.
Judgment affirmed.
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