Darden v. Holloway
Alabama Court of Appeals
Appeal from Coosa Circuit Court. Heard before Hon. A. H. Alston. Assumpsit by John A. Darden against J. L. Holloway. Judgment for defendant, and plaintiff appeals. A plaintiff has a right to voluntary non suit at any- time before the jury retires. — Sec. 5353, Code 1907. It cannot be said that the refusal worjrs no injury to the plaintiff because a non suit is not a bar to a subsequent action while a judgment such as here rendered is.
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Appeal from Coosa Circuit Court. Heard before Hon. A. H. Alston. Assumpsit by John A. Darden against J. L. Holloway. Judgment for defendant, and plaintiff appeals. A plaintiff has a right to voluntary non suit at any- time before the jury retires. — Sec. 5353, Code 1907. It cannot be said that the refusal worjrs no injury to the plaintiff because a non suit is not a bar to a subsequent action while a judgment such as here rendered is. Bradley v. Hunter, 50 Ala. 265; Mobile L. & R. R. Go. v. Hinson, 135 Ala. 284. ' Counsel insist that plaintiff was entitled to the affirmative charge, hut…
1Opinion of the CourtPelham, J.
“After the evidence closed,” as recited by the bill of exceptions in this case, “each par(ty presented to the court a written request for the affirmative charge. The court gave such affirmative charge in favor of the defendant, and refused it to the plaintiff, Whereupon defendant’s attorney read to the jury the general change in favor of the defendant, which the court had given at the defendant’s request, and thereupon immediately after said charge had been so given and read to the jury, the plaintiff asked permission of *663■the court to take a nonsuit, and moved the court to permit him to take…
2Cases cited2 opinions
- Baldwin v. RomanSupreme Court of Alabama · 1902
- Jennings v. PearceSupreme Court of Alabama · 1892
3Cited by1 opinion
- Vines v. Crescent Transit, Inc.Supreme Court of Alabama · 1958