Locke v. Wood

After a cause is opened to the jury, the plaintiff cannot become nonsuit, unless allowed by the Court.

• In this action, when the verdict was returned, which was at the last term here, the chief justice sitting, and before it was recorded, the counsel for the plaintiffs moved that the verdict be set aside, and for leave to discontinue, because they apprehended that the testimony of a material witness had been misapprehended by them in arguing the cause, and also by the jury. But the chief justice refused leave to discontinue, and ordered the verdict to be recorded ; .relieving it to be…