Inhabitants on Truro v. Atkins
Massachusetts Supreme Judicial Court
Writ on entry. Trial in the Superior Court at April term 1876, before Brigham, C. J., who, by consent of parties and before verdict, reported the case for the determination of this court upon the question whether the evidence reported was competent and sufficient to sustain the demandant’s title.
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Writ on entry. Trial in the Superior Court at April term 1876, before Brigham, C. J., who, by consent of parties and before verdict, reported the case for the determination of this court upon the question whether the evidence reported was competent and sufficient to sustain the demandant’s title. At October term 1876, the demandant moved for leave to become nonsuit as of right, without notice to the tenant, and Gardner, J., granted the same as of course, and a nonsuit was entered. Afterwards at the same term, the tenant objected thereto, and moved that the nonsuit be stricken off, which…
1Opinion of the CourtGray, C. J.
A plaintiff has the right to become nonsuit at any time before trial, but after the trial has been begun, he cannot become nonsuit, except by the leave and at the discretion of the court. Shaw v. Boland, 15 Gray, 571. In the present case, the trial having been begun, and the question of law reserved at the trial being still undisposed of, the ruling by which the demandant was allowed to become nonsuit as of right and of course, against the objection of the tenant, and without any exercise of discretion on the part of the court, was erroneous.
In Lowell v. Merrimack Manuf. Co. 11 Gray, 382,…
2Cited by9 opinions
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