Pratt v. Hull
New York Supreme Court
. Bf ERROR, .to the .court of ¡common pleas,' of, the county of rt, .7 „ _ ■ ’ “ • ‘ , Ot,6Uu67l» r 1 Hull, the defendant in. error, who was:;.plaintiff .in, the- court, , T\ 7 . 7 . . r below,. brought an action- ot assumpsit -against Pratt, which was dbftMhn/- last..
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. Bf ERROR, .to the .court of ¡common pleas,' of, the county of rt, .7 „ _ ■ ’ “ • ‘ , Ot,6Uu67l» r 1 Hull, the defendant in. error, who was:;.plaintiff .in, the- court, , T\ 7 . 7 . . r below,. brought an action- ot assumpsit -against Pratt, which was dbftMhn/- last.. After, the plaintiffbeiow -had gone through, his: evidence, and rested his cause,, .the counsel for.the defend, 9®t below moved 'for -a nonsuit, on the ground that thq evidence given on the part of the plaintiff was not-sufficient to maintain.. the action. The court below, being off that opinion, directed the plaintiff to be…
1Per curiam
The question presented by the writ of error, In this case, is, whether a court of common pleas has a right to direct a plaintiff to be nonsuited, when, in their judgment, the testimony offered by him is not sufficient to maintain the action, or whether it is the right of a plaintiff to have his cause submitted to the jury. The answer to this abstract question cannot admit of a doubt. This must be a power vested in the court. It results, necessarily, from their being made the judges of the law of the case when no facts are in dispute^ What the evidence before the court was, or whether they…
2Cited by26 opinions
- Lomer v. . MeekerNew York Court of Appeals · 1862
- Haskell v. WhitneyMassachusetts Supreme Judicial Court · 1815
- Hopkins v. RailroadTennessee Supreme Court · 1896
- Deeley v. . HeintzNew York Court of Appeals · 1901
- Gray v. McNealSupreme Court of Georgia · 1853
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