McReynolds v. Thaler

There is here for review the question of whether a plaintiff, as a matter of right, is entitled to a voluntary nonsuit at any time before a final ruling against him.

Appellants contend that, after the respondent (plaintiff) had rested at the conclusion of his opening case, and after appellants had challenged the legal sufficiency of the evidence, the respondent’s (plaintiff’s) motion for a voluntary nonsuit came too late, and that there was then no absolute right thereto. On the other hand, the respondent (plaintiff) contends, and the trial court held, that he had an absolute right to a…