Legal Opinion

Loring v. Frue

Supreme Court of the United States

Decided November 21, 1881PublishedCited by 10 opinions

Error to the Circuit Court of the United States for the Eastern District of Michigan. The facts are stated in- the opinion of the court.

1Opinion of the CourtJustice Miller

The declaration in this case contains only the common counts. The plea was the general issue, which a jury was sworn to try. After evidence had been offered by Frue, the plaintiff below, he elected to take a nonsuit, whereupon the. following order was made, June 11, 1874: “It is therefore ordered judgment of nonsuit; and that the defendant recover of the said plaintiff his costs of this suit to be taxed, and leave is granted to said plaintiff to move to set aside this judgment.”

Oct. 31, 1876, the court made an order in the following terms: “ The motion to set aside the nonsuit heretofore…

2Cited by10 opinions

  1. Philip Carey Co. v. VickersSupreme Court of Oklahoma · 1913
  2. Geyser-Marion Gold-Min. Co. v. StarkCourt of Appeals for the Eighth Circuit · 1901
  3. St. Romes v. Levee Steam Cotton Press Co.Supreme Court of the United States · 1888
  4. Cole v. StateWest Virginia Supreme Court · 1913
  5. Hawke v. Servicised Products Corp.Court of Appeals for the Sixth Circuit · 1938

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