Hornblower v. George Washington University
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the plaintiffs from a judgment of the Supreme Court of the District of Columbia on a verdict directed by the court in an action of assumpsit.
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Hearing on an appeal by the plaintiffs from a judgment of the Supreme Court of the District of Columbia on a verdict directed by the court in an action of assumpsit. The Court in the opinion stated the facts as follows: This suit was brought in the supreme court of the District of Columbia by the appellants Joseph C. Hornblower and James Kush Marshall, copartners in business under the firm name of Hornblower & Marshall, plaintiffs below, to recover from the appellee, the George Washington Hniversity, defendant, a balance of $1,605.64, with interest from July 1st, 1903, for services alleged to…
1Opinion of the CourtJustice Van Orsdel
It is well settled that, where counsel, in his opening statement to the jury, fails to state a cause of action, it is within the power of the trial court to render judgment upon such statement for the defendant. Oscanyan v. Winchester Repeating Arms Co. 103 U. S. 261; 26 L. ed. 539; Brown v. District of Columbia, 29 App. D. C. 273. The trial court, however, should not exercise'this power unless it clearly appears from the plaintiffs’ own statement that he cannot recover. This is a con*72elusion that trial courts rarely reach, and a rule that should not he applied except in cases where the…
2Cases cited5 opinions
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
- Bell v. MorrisonSupreme Court of the United States · 1828
- Wetzell v. BussardSupreme Court of the United States · 1826
- Clementson v. WilliamsSupreme Court of the United States · 1814
- Shepherd v. ThompsonSupreme Court of the United States · 1887
3Cited by49 opinions
- Hobson v. WilsonCourt of Appeals for the D.C. Circuit · 1984
- Jankovic v. International Crisis GroupCourt of Appeals for the D.C. Circuit · 2007
- East v. Graphic Arts Industry Joint Pension TrustDistrict of Columbia Court of Appeals · 1998
- William J. Davis, Inc. v. YoungDistrict of Columbia Court of Appeals · 1980
- Bailey v. GreenbergDistrict of Columbia Court of Appeals · 1986
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