Graham v. . Tate
Supreme Court of North Carolina
MotioN to set aside and vacate a Verdict and Judgment, heard at Spring Term, 1S77, of Rowan Superior Court, before Kerr.
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MotioN to set aside and vacate a Verdict and Judgment, heard at Spring Term, 1S77, of Rowan Superior Court, before Kerr. J. This was a special proceeding commenced in the Probate Court of Gaston County, by the plaintiffs as executors of William A. Graham, deceased, and Mildred C. Cameron, in behalf of themselves and all other creditors against tlie defendant, as executor of Thomas R, Tate, deceased, to compel an account of his administration and payment of the debts alleged to be due to plaintiffs The debts were, disputed ; and upon issue joined, the case was transferred to Gaston ¡Superior…
1Opinion of the CourtPearson, C. J.
It is irregular and against the course of the Court to enter a verdict, unless the plaintiff be present either in person or by his attorney. This proposition is fully established by the authorities cited by Mr. Jones, and is recognized in all the books as a general rule to which very few exceptions are made. So that, a plaintiff can at any time before verdict withdi-aw his suit, or, as it is termed, “take a nonsuit ” by absenting himself at the trial term. If ' he does so and fails'to answer when called, by himself or by his attorney, the Court directs a nonsuit to be entered ; the ■ cost is…
2Cited by16 opinions
- Bynum v. . PoweSupreme Court of North Carolina · 1887
- Mobley v. . WattsSupreme Court of North Carolina · 1887
- Merrick v. Bedford.Supreme Court of North Carolina · 1906
- Wharton v. Commissioners of CurrituckSupreme Court of North Carolina · 1880
- Dobson v. . SimontonSupreme Court of North Carolina · 1882
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